Me and my husband have been married for three years and have two children together he was arrested on March 07, 2012 for a violation of probation. He had his first court day on April 03 where the judge gave him no jail time but another opportunity to finish his probation therefore he would of been free from jail but since he is an illegal immigrant immigration has a hold of him. I have spoken to many lawyers for advice on what i can do as his wife to help him from being deported and many tell me the same thing that i have two choices one would be a petition for him but by the time i have that done he would be out of here and the second would be to pay for a bail if he even gets one. If any one can please help me with advice on what is the best option or way to handle this situation.
Regardless of what happens, if you are a U.S. citizen at the very least file an I-130 alien relative petition, for your husband as once approved it gives you more options.
Attorney & Counselor at Law
6 lawyers agree
First, you should hire an experienced immigration attorney.
Second, you must file a petition regardless. It may help him even to obtain an immigration bond when he is I'm ICE custody (as long as he has a clean record but the criminal charges are going to be problematic)
Third, after you file the petition, he may adjust his status if he came in legally OR leave and try to come back legally with a waiver of inadmissibility.
Finally, get moving FAST!
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Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
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5 lawyers agree
More information is needed. What was the crime for which he received the original conviction? Did he enter with a visa or without inspection? Finally, refer to your husband as unlawfully present or having entered without inspection. Contraband and Drugs are illegal; no human is illegal!
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney.
This is general information, not legal advice, and does not create an attorney client relationship.
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7 lawyers agree
More information is needed. What was he convicted of? How did he enter the United States?
When did he enter the United States? There may be a way to solve this without his leaving the United States. The key word is may.
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