My friend's husband is an "illegal" immigrant from Mexico who immigrated at the age of 6. He is now 23. They got married 6 months ago. He does construction by the miami international airport. He rides home in a van with a bunch of other illegals. Today they were picked up. Will her husband be deported? Is there anything that can be done to prevent this? She and her husband are 23 years old and are not high earners so what can be done?
PLEASE LOOK INTO DACA. And just to get you started……see if he meets requirements below.
1.) One must have been under the age of 31 as of June 15, 2012.
2.) Came to United States before reaching their 16th birthday.
3.) Have continuously resided in the U.S. since June 15, 2007 until the present time.
4.) One must have been physically present in the U.S. on June 15, 2012 and at the time of making the request for consideration of deferred action with USCIS.
5.) Entered without inspection before June 15, 2012, or, their lawful immigration status must have expired as of June 15, 2012.
6.) Is currently in school, has graduated, obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.
7.) And, has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
Assuming he is "illegal" he is subject to deportation on that ground alone. Whether he will be deported will depend on the specific facts of his case. Assuming he graduated from high school or has a GED then it would appear he is eligible for benefits under the DACA program. Your friend's wife needs to consult with an experienced immigration attorney without delay.
Your friend's husband needs to contact an immigration attorney immediately. The attorney will determine whether he's deportable and whether he has any basis for relief. If he arrived in the United States as a child, graduated from high school or obtained a GED, he may be eligible for benefits under DACA.
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