I need help for a future immigration hearing.

Asked over 1 year ago - Vienna, VA

My husband was release from ICE custody with a bond of 1500 but he still have to go back for an immigration court. What are the chances of him being removed from the USA if he was release with a very low bond considering the higher bonds other people gets. Also when he was held by ICE we already had an I130 approved so I don't know if that did helped at all?

Additional information

Sorry I think I was too general. My husband has been in the US for 10 years and we can proof that. He entered the US without inspection. I married him on 2009 but we have two kids in common, where both of our kids have and IEP in place due to educational delays and develpomental. I petition him on 2012 with an I130 but I understood since he came without a visa he might have to go back to our country. Now we are dealing with this ICE detention that was put on him due to a charge of family assault that was made. Unfortunately I'm supposed to be the victim but is a long story. I just want to know if there's any chance he can win his chance of adjusting his status specially now where he has been arrested and detained by ICE.

Attorney answers (7)

  1. Peter Anthony Jabaly

    Pro

    Contributor Level 16

    6

    Lawyers agree

    Answered . Unfortunately, the facts aren't clear. You should speak with an attorney so that he or she can evaluate your husband's case and present your options. The bond amount is reassuring but by no means can an attorney extrapolate an opinion from that.

    The answer provided is for general information purposes and cannot be relied upon. In order to provide legal... more
  2. Ismail T. Shahtakhtinski

    Contributor Level 12

    6

    Lawyers agree

    Answered . Your husband will need an immigration lawyer for his removal hearings. That lawyer will have the best chance to consider all facts and give you best advice. This is not something you can get answered with general information which we provide on this site. You need an individual consultation.

    Ismail T. Shahtakhtinski, Esq.
    Attorney & Counselor at Law
    I.S. Law Firm, PLLC
    1199 N Fairfax St., Ste 702
    Alexandria, VA 22314
    Tel: (703) 527-1779
    Fax: (703) 778-0369
    ismail@islawfirm.com
    www.islawfirm.com

    The information provided in this answer is designed to provide useful information and background materials about I.... more
  3. Samuel Patrick Ouya Maina

    Contributor Level 19

    7

    Lawyers agree

    Answered . Since he entered without inspection after 2000 your husband cannot adjust his status. He MAY be eligible for an I601a waiver, but you really need to meet with and hire an attorney to handle both the removal proceedings as well as the waiver and possible voluntary departure.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  4. Kevin Lawrence Dixler

    Contributor Level 20

    6

    Lawyers agree

    Answered . This is unclear. More information is needed. Did your husband enter the U. S. with a visa? Did he have relatives or an employer, who petitioned him in the past? How long has he lived in the U.S.? The issue is his options, which may be quite a few, but this remains unclear without a thorough evaluation.

    I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who can take the time to review all of the facts and provide enough options. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.
  5. Gloria Cardenas Conn

    Pro

    Contributor Level 8

    6

    Lawyers agree

    Answered . The low bond is not an indication of the merits of your case. The I-130 Petition will assist your husband. Your immigration attorney might also advise you that he has 42B Cancellation of Removal relief, but discuss all the details with him/her.

    An exceptional AILA immigration attorney with 22 years of experience who can be reached at 801 656 9605.
  6. Rixon Charles Rafter III

    Contributor Level 20

    4

    Lawyers agree

    Answered . Hire an immigration attorney immediately.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more
  7. Elliot M.S. Yi

    Contributor Level 15

    2

    Lawyers agree

    Answered . I agree with my colleagues. Hire an attorney to help you with potential immigration relief and to represent you in your future hearings. Good luck.

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@... more

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