My boyfriend has been in the United States for 20 years. He has been on probation for the last three years for a felony DUI. He has a probation violation hearing on Monday for the DUI because he was charged with a PI just a week ago. He went to court last Monday for it plead guilty and was sentenced to 30 days. In the state of Indiana you only have to do 15 days. He is due out on the 20th of this month that is if he dont get more time for his probation violation. I called the jail yesterday and they informed me that he has an immigration hold on him. I need to know what I can do to help him fit this hold so he can be out. He has three children here in Indiana. We were talking about getting married to help him get his papers I dont know if that will help with this process or not anymore.
Whether he is eligible to obtain a green card through marriage depends on the nature of his criminal record. Whether he can apply for a green card without leaving the U.S. depends on whether he entered the U.S. with a temporary visa and overstayed, or whether he entered illegally. If the later is true, he would stil be able to apply for a green card without leaving the U.S. if he qualifies for adjustment of status under section 245i.
Unfortunately, there is not a way to just get an immigration hold lifted, unless the person upon whom the hold is placed is not subject to immigration removal (deportation) proceedings for a reason like already being a U.S. citizen.
The best thing you can do for your boyfriend at this point in time is to get assistance from a licensed, experienced immigration lawyer (and not an unlicensed consultant or notary). As Mr. Schusterman mentioned, that attorney then can evaluate your boyfriend's criminal and immigration history and advise the two of you about your options. Not all immigration detention cases are eligible for bond, but the attorney also could assist with getting an immigration bond if your boyfriend does qualify for a bond, or advise about what to expect if he does not.
If the cost of hiring an attorney is of concern, you possibly may be able to get assistance from an attorney or organization offering reduced fee or pro bono assistance. For a list of those attorneys and organizations, see http://www.justice.gov/eoir/probono/states.htm.
The ICE detainer papers he received should be accompanied by a document called "Notice to Appear" and papers that set an amount of bond or bail. If it says no bond set, or an amount too high, an attorney can file a motion for a bond hearing with the Immigration Court. The judge can decide to set a bond, if one is not set by ICE, as weell as to reduce the amout of the bond, if you feel the bond amount is too high. Good luck to you.
Richard W. Moore, Jr.
Moore Law Group, P.A.
2300 York Road, Suite 213
Timonium, MD 21093
410-825-1790 fax 410-825-1794
Member - American Immigration Lawyers Association
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