Can I stop my husband from deportation if he has a detainer on him? 9 Answers as of August 08, 2011My husband entered the USA on Jan 5th 2001 Illegal. We are married and have one child together. We have been together for almost 5 years. He has never been arrested nor been in any type of trouble the entire 10 years until ;June 24th he was charged with domestic assault, and charges was dismissed. ICE placed a detainer on him when he was being released from the jail. He is from Honduras. Is their any help for us to stop the deportation?
Reza Athari & Associates, PLLC | Reza Athari
It appears that your husband qualifies for cancellation of removal or if he is 245i eligible to adjust status. It is also possible that he may have to go to his home country and apply for a waiver. You will need to consult with an immigration attorney. Let us know if we can help.
Answer Applies to: Nevada
Christian Schmidt, Attorney at Law | Christian Schmidt
It appears that your husband had been present in the U.S. for more than 10 years when he was put in removal proceedings. He should be eligible to apply for cancellation because of your US born child and your marriage if you are a citizen or permanent resident. Chances of success depend on a demonstration of hardship to his child and you if either has to live without him in the U.S.
Answer Applies to: California
Law Office of Immigration & International Trade Law | Linda Liang
To "stop" deportation is the process to defend him in removal process. It takes a lot to determine whether there is a defense that applies to him. You should definitely work with a lawyer to decide what you should do to help him at this point.
Answer Applies to: Florida