Can my husband be with his children if he was convicted of a DUI? 1 Answers as of July 20, 2011

My husband was convicted of DUI and child endangerment, a felony.my husband entered illegally 10+yrs ago.we been married about that long and have 2kids. He has never been legal here.He receive a letter about his appeal .They inform him that he will be picked up in 30days and be deported. Can it be stopped? And can he stay with his family here? What if I petition for him to stay here? What does it involve and how much? Do I need a lawyer? Let me say, he was deported before years ago, before we were married and use a false name. The day he was stopped and arrested, he went to the store with my uncle and my uncle kids were in back of the pickup. Is he still responsible for the crime? Is there hope for my husband? Do I qualify for child support if they deport him?

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Reeves Law Firm, P.C. | Roy L. Reeves
I have to say that it appears your husband is in deep and there is no way out that I am aware. Once a deport order is signed, he can ask for a stay and you can petition for him to stay but the burden is extremely high, he has to show he is an upstanding citizen (but for the immigration issue) and deportation would cause hardship on a U.S. Citizen. While it may cause a hardship on you if he is deported, he can't meet the first prong with a Felony conviction. Accordingly, you can hire a lawyer, but any lawyer who is honest with you will say your money is all but wasted unless you have some really extreme facts you have left out here. As for child support, yes, you can get a court here to order child support but there is literally no way to enforce it. You will get as much support as he sends, if any. You can apply for readmission for him in 10 years and until that time your choices are rather limited. Have you considered voluntarily leaving the country with him? I don't know if that is even a viable option but if financial support is vital, you may consider that option.
Answer Applies to: Texas
Replied: 7/20/2011
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