My husband is currently in Naples Jail Center, He will or should arrive in Miami Krome tomorrow morning. He is here illegally but has been here all his life. His mother started fixing his citizenship when he was younger and he has an INS card from those many years ago, but he now has no charges against him but because he is not from here he is being considered to be deported. He does have a felony on his record from a couple days ago and although we have been together 17yrs and have 3 children together we have never gotten married for the simple fact that because he was not legal we did not know how to go about it. Never tried to fix his papers because everyone said that because of his one felony he wouldn't be able to. Now that we are going through this situation I have heard cases where people have been in the same situation as me and him same case scenarios and they have been granted to stay and not be deported. I would like to know a professional's opinion on this situation and what I can do or what can be done. Will he even be granted an immigration bond when going infront of a judge. Im just so distraught at this point I don't know what to think of what may happen. Please help me find a solution or an answer whether it be bad or good news. Just something that's honest and real is all I ask. Thank you for your time and hope to hear back from someone soon.
Criminal Defense Attorney
What will happen to him will depend on what charges Immigration lodges against him on the NTA. You have wasted quite some time by not marrying him, since that could've been an argument to get a bond, and it could have helped him obtain residence in spite of his conviction (depending on many factors, too many to explain here). My advice is to seek counsel from an Immigration attorney immediately since many things will happen at his first hearing before an immigration judge that could doom him forever.
I know you are having a difficult time right now. I also can see that you are confusing many factors in your questions. The best advise I can give you is to see a good lawyer as soon as possible. It will really depend on the felony that he has and on the NTA (immigration charging document)
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Here is a honest answer for you - it is impossible to answer your question or provide help on this forum; Information you seek and assistance you will need can only be provided by contacting a competent immigration attorney in person
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
The options available to your "husband" (you referred to him as such but then indicate you are not legally married) will depend upon a number of different factors including how your husband entered the United States, your immigration status, and his criminal history. It appears from what you describe that ICE is seeking to deport him based upon his felony conviction, but you don't indicate what that felony is. Consult with an experienced immigration attorney who can review the facts of the case and advise you how best to proceed.
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.