He is being held in batavia ny he has no criminal record in the united states we are the parents of 3 year old triplets 1 of which needs a heart transplant. ICE officer said my husband has a final deportation order because he has overstayed on the vwp for 7 yrs is there any hope for us? Will new memorandum help at all?i am an american citizen, my children are as well. I dont understand is he hasnt had his "day in court" because they said on the visa waiver program he isnt eligible to be heard in front of a judge. i have hired an attorney and he said he is going to ask for a deferred action on the grounds of extreme hardship because of my daughter being so sick, so i guess my question is has anyone had sucess getting someone released under these circumstances or is the lawyer just giving me false hope ?