Can my husband avoid deportation if we have a special needs child?
2 attorney answers
Hi, it sounds like your family is facing several issues here. First, it may very well be possible that your husband is eligible for Non-LPR Cancellation of Removal, which is a form of immigration relief available to people who have not been convicted of certain serious crimes, who have certain U.S. family members, and who can prove that they have what is called "good moral character." I would need speak with you about your husband's background to determine if this is possible, but it is certainly something to consider. Also, the fact that you have a special-needs child may help with this. Secondly, it sounds like there may be a temporary way to stop your eviction. However, I would need for you to contact me so we could discuss this in private.
More information is needed. How long has your husband lived in the U.S.? Is he a lawful permanent resident? Have you contacted a legal assistance agency to help you review the eviction order to determine whether it is defective?
I strongly recommend an appointment with a competent and experienced immigration attorney at a legal aide organization if you cannot afford a private attorney for him. This is an unfortunate situation. It is unclear whether your husband can seek a hearing for what is known as non-LPR cancellation of removal. If he can, or can seek other relief with you, then there is hope. You need to take action, fast! Otherwise, it is more likely that he may lose an opportunity and subsequently commit a Federal Crime known as illegal re-entry as a result. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.