In 2007 my husband was arrested for a DUI, deported and then came back. After coming back, illegally, he never finished any of the DUI things he had to do so a warrant was issued. I was informed by the jail that once he completes his stuff in jail, he will be released to ICE for a deportation hearing. We have a young daughter and I am disabled, we depend on him for everything, financially, emotionally etc. We are not legally married though. I am really scared as to what is going to happen. I really don't want to have to go live in Mexico, but I also don't want him to risk crossing the border again either. Can we prevent his deportation based on hardship?
You may want to check with ICE or seek clarification from the jail if they can provide any additional clarification on what will happen when the jail time is complete. You reference a "deportation hearing." When someone has been removed and re-enters the United States without being inspected, ICE has the option to reinstate the old removal order. In those circumstances, no hearing or only a very cursory hearing may be provided before his removal. Working on this now before the he is transferred to the ICE detainer will help this not be a surprise later on. Of course an attorney located in your area can provide help in figuring out what will happen, and your options, if any.
Based on these facts it appears that you "husband" is permanently inadmissible since he returned to the U.S. illegally after being deported. In this case, a hearing before an Immigration is unnecessary. ICE can reinstate the previous order and immediate deport him. Alternatively, he can also be prosecuted for re-entering the country unlawfully after deportation which is a felony.
Nonetheless, depending the facts of the case it may be possible to obtain deferred action or a stay or removal for your husband. Consult with an experienced immigration attorney who can review the facts of the case and advise you how best to proceed.
I highly recommend you consult with a qualified immigration attorney as soon as possible. Your husband's case is very serious. It may be that there is nothing an immigration lawyer can do to prevent his deportation, since he has a previous deportation order. But, you cannot know that for sure until you sit down with an immigration lawyer and present ALL the facts. You may even want to get a couple different opinions. To find a qualified immigration lawyer in your area, go to www.ailalawyer.com. Best of luck!
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