Can ICE deport my husband when we are legally married with our extreme situation? Will he be able to come back if I can’t stop the deportation? 4 Answers as of September 03, 2013

My husband was picked up by Immigration and Customs Enforcement on August 16, 2013. He is in removal process and no one will tell him or me why they arrested him besides him being an illegal alien. We have been married for 8 years and I have two small kids both with autism and my son who is 5 years old also has a liver disorder he was born with on top of the autism he has. He went to jail before he met me in the year 2003 for a criminal domestic violence and receiving stolen goods in possession under $1000 in 2007, and a petite larceny for stealing a picture frame in 2008. He has been staying out of trouble ever since and just working to provide for us. But they said his name came up on a computer system and they have to deport him. I need him to be here with me and my children for major support cause of my kids disability.

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Universal Law Group, Inc. | Francis John Cowhig
To begin with, if he is here illegally, that is enough to deport him. His criminal convictions, even though they were years ago, may make him inadmissible if they involved crimes of moral turpitude or violence. Although you have been married for 8 years, you do not state whether you are a U.S. citizens, legal permanent resident, etc. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. He/she would then be in a better position to analyze his case and advise you of your options.
Answer Applies to: California
Replied: 9/3/2013
Law Office of Eric Fisher | Eric Fisher
If you are a US citizen or lawful permanent resident, you should file an I-130 visa petition for him. You should also speak to an immigration attorney as your husband should have a right to a hearing before he is deported.
Answer Applies to: Colorado
Replied: 9/3/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Your husband needs to retain an experienced immigration attorney. His past criminal record likely lead to his arrest and detention.
Answer Applies to: New York
Replied: 9/3/2013
Kapoor Law Firm, PLLC
Kapoor Law Firm, PLLC | Shiv K. Kapoor
You need to act quickly to stay the deportation based on hardship. Waivers are available if presented correctly and persuasively. There are many factors to consider to know the right course of action and the chances of success.
Answer Applies to: Texas
Replied: 9/3/2013
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