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Husband has been picked up by the immigration police?

Miami, FL |

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?

Attorney Answers 8


  1. Why didn't he file for DACA????

    Hire him a lawyer.

    If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Your friend should contact an Immigration Attorney ASAP. If they cannot afford an attorney they can contact the local legal aid office to see if they qualify for their services.

    The answers provided are of a general nature and are not intended to be final or complete answers of any individual's legal questions. Other facts not considered may change the analysis or outcome. Do not rely on information presented herein to address your individual legal concerns. Your receipt of information from this website does not create an attorney-client relationship and the legal privileges inherent therein. If you have a legal question, you should consult an attorney experienced in that area of the law. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you hire an attorney, you should request information about the attorney's qualifications and experiences. We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area. NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum.


  3. 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.

    The response given is general in nature and does not create an attorney / client relationship. The answer given may also not account for other facts unknown to the attorney. For a more detailed evaluation you should consult with a licensed immigration attorney.


  4. It sounds like he may qualify for DACA. He should hire an immigration attorney as soon as possible to assist him.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  5. 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.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  6. It appears your friend's husband may be eligible for Deferred Action for Childhood Arrivals ("DACA"). I would suggest contacting an immigration attorney immediately to determine eligibility for DACA benefits.


  7. 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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