She left her country of El Salvador against her will by her parents at the age of 17. She turned 18 in Guatemala whilst her journey to the US. She entered the US through Texas where she & her mother were caught by Immigration & detained. They were given a court date but did not attend.
Well my fiance stayed in this country & excelled in high school & graduated with honors. She's currently enrolled at a community college & is a semester away from earning a associates degree. She works full time to pay for her school. Clean record & paid her taxes. One day, she was heading home from school in her brother's car when she failed to stop at a red light. She was arrested, but later released on bail and given a court date. At court she was detained by ICE. What will happen? What can be done?
This is a tough one. When someome doesnt show up for court they get a final deportation order. With a final order, that personisnt elugible for bond. Make an appointment with an immigration attorney to discuss any options but be ready for an uphill battle. Good luck.
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Sounds like a great case ... for immigration lawyers who love this work. If she entered, was arrested and failed to appear, she likely has an order of removal against her. That said, based on your recount of her history, she appears eligible for prosecutorial discretion in the form of having her case reopened and then administratively closed while you two work out your marriage situation. Please do not spare expense on this as she's got a shot to remain here or reenter with status.
You need to act fast. Most likely, she has an outstanding order of removal (due to her failure to appear in immigration court) and can be sent home any time. If she is, it will be extremely difficult to bring her back any time soon.
I am happy to talk to you today to see if I can be of assistance.
Gregory Romanovsky, Esq.
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