My son's father was arrested for a dwi last week, thrown into the county jail, and released to ICE being that his bond was paid. He has been held with ICE for a week now. His situation is as follows: this is his third dwi, although the first was charged when he was 17. He came to this country when he was younger than 16, with his father, who is no longer here. He and I were together for five years and had a child, who is now four years old. We are no longer together, so marrying him is out of the question. He is now 25, been here for more than 10 years. He has no relatives here that can sponsor him. Being that he has multiple misdemeanors, can he apply for deferred action? What other defenses do we have? He never had a visa to come here, but came here involuntarily. (The only misdemeanors he has are traffic related i.e. no insurance, no license, dwi)
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