Can a lawyer help my detained boyfriend? 2 Answers as of August 26, 2010

I am a US citizen and I want to help out my boyfriend. He Entered Without Inspection and had illegal status. He is now being detained. This is his first time being caught trying to enter the US. Is there anything that I or a lawyer can do?

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Law Offices of James C. Bechler, A.P.C.
Law Offices of James C. Bechler, A.P.C. | James Bechler
When someone enters the U.S. without inspection (EWI) they are asked to sign voluntary deportation orders and then taken back to country of origin. They are only detained if they committed a crime (if its a first time entry, they are not normally charged with any crime) or they are fighting removal (deportation). He should fight if there is some basis for immigration, because after his removal, he will be banned from the U.S. and will be charged with a crime if he reenters. Problem is that if he fights, he may have to remained detained during the duration of the fight. Maybe an attorney can help, maybe not.
Answer Applies to: California
Replied: 8/26/2010
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is maybe. I would have to ask you whether or how long he had lived in the U.S. illegally. Also, how many times had he crossed the border beside that one, and if he stayed away for a very long time. If he lived in the USA illegally, and then crossed and recrossed the USA-Mexican border, then he is ineligible to enter the USA, except under hardship conditions. If you want to know more of how this can be addressed, you may call or e-mail me. Best to you both.
Answer Applies to: California
Replied: 8/24/2010
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