My husband has been in the US for 8 years. Came in as student but his visa expired. No criminal record, but now in DHS custody since he was deported in absentia though he had not received an NTA and was apprehended at our green card interview. What are my options?
You have to file a motion to reopen ASAP. This will stop the deportation and then you will be able to present your case in front of an immigration judge and ask him for relief. Since you are married, you will then be able to present your spousal sponsorship case in front of a judge. You will need to move quickly though since he may be in expedited removal situation which means they could have him on a plane very quickly. You will need to retain an immigration attorney immediately to file this motion. Please note that our office handles these types of matters routinely and would be happy to assist.
You may have one day or three days or even ten days before they are able to remove him.The clock is ticking. They will deport him without even bringing him to a judge since a judge already signed a deportation order. Time is not on your side. These motions have to be filed right away before they physically remove him from the US. Based on what you are saying, he may be eligible for "cancellation of removal" if done properly there is hope for a green card. There are many factors to prove, you may also need to hire a medical (psychiatric) expert to show some of the elements but this relief gets him his green card. You have to immediately do a motion to reopen and a motion for stay of removal before you can do anything. Call a lawyer right away!!!
Khaja M. Din, Esq.
Din | Memmen, Inc.
FREE CONSULTATION FOR YOUR IMMIGRATION AND DEPORTATION ISSUES
4518 North Kedzie Avenue
Chicago, IL 60625
Madison Office — By Appointment Only
Main Street Justice
354 West Main Street
Madison, WI 53703
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