We don't know yet how the government will actually handle their big announcement. So nobody can say if you might profit from the new policy or not. One would think you might be a poster case for this.
Purely seen on legal terms, if there is a final order, there is not much you can do to prevent the deportation. Your husband has already had his day in court. But one can always try to get a stay of removal.
Furthermore, if you are an US citizen, and your husband has no other immigration violations, and no criminal record, you might qualify for a waiver of the deportation/Unlawful presence bar and might be able to petition for him to process for legal permanent residency from his home country.
You should contact an immigration attorney to discuss these options.
Wolf W. Kaufmann
Southern California Immigration Attorney
No client-attorney relationship is being created by this posting. Please contact an attorney with questions about your case.
You should get a legal consultation with an immigration attorney in the local area familiar with the court location that has jurisdiction over your husband.
Whether the new policy of prosecutional discretion will help depends on other factors including if your children are US citizens, what your status is, and if it is too late since he already has a deportation order.
Once deported, it will be difficult if not impossible (depending if he has a qualifying relative) for him to return.
Acting fast is important at this moment.
Ruby L. Powers
Houston Immigration Lawyer
Ruby Lichte Powers
Law Office of Ruby Lichte Powers
One Riverway, Suite 1700
Houston, TX 77056
Tel: (713) 589-2085
Fax: (713) 481-8799
Since you husband entered using the Visa Waiver Program he waived his righty to removal proceedings before an Immigration Judge. Thus, ICE can deport him at any time and often does so rather quickly in these circumstances.
The new memorandum on prosecutorial discretion generally applies to those aliens who are already in removal proceedings. Since your husband waived his right to a hearing it is presumptively not applicable to him. However, That does not mean that ICE cannot exercise discretion anyway where it is warranted.
You need to immediately consult with an experienced immigration attorney to determine how best to proceed in light of the specific facts of the case.
While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.