How can I prevent my fiance from being deported? 3 Answers as of March 01, 2011

My fiance and I are expecting a baby in 2-3 weeks and 2 nights ago he was arrested for a DWI and now he has an ICE hold on him. This is his first time having trouble with the law in the 6-8 years he has been in the U.S. He had an expired visa. He is the only provider for me and our unborn child as I would have no babysitter to work myself. What can I do to stop him from getting deported and leaving me and the baby with no options?

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It is never an easy question for anyone. Your solution is to work with a lawyer to determine your options for relief and let the lawyer to fight for your fiance. I don't see you can pull this out on your own because you don't know the law.
Answer Applies to: Florida
Replied: 9/16/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The answer depends upon at what stage your fianc is in the deportation process and why he/she is being deported. It is advisable to speak with an experienced immigration attorney as soon as possible to see what can be done. It would be best to keep your fianc in the United States, if at all possible.
Answer Applies to: New York
Replied: 9/16/2011
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
If you are a United States and you marry him, he can apply for consular process. The first question is whether he can defend his deportation. The second question is whether he has a criminal history or prior deportations that would make him inadmissible from successfully obtaining his residency through the consular process.
Answer Applies to: California
Replied: 9/16/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
If this is his first time being deported, then I suggest he try to get voluntary departure and leave to his country of origin. Then if you feel you want to spend your life with him, then I suggest you go down there and marry there and file for him through the proper legal channels with the help of an experienced attorney. That is because he will need a waiver in order for him to come back here with you and get his LPR. That is all I can offer at this time. Good luck!
Answer Applies to: California
Replied: 9/16/2011
Fong & Associates
Fong & Associates | William D. Fong
If depends if you are a US citizen, you get married and if his immigration violations allow for his permanent residence. What is the reason for his deportation and how did he enter the US?
Answer Applies to: Texas
Replied: 9/16/2011
    Law Offices of Peter Y. Qiu
    Law Offices of Peter Y. Qiu | Peter Y. Qiu
    The only thing you can do and the only thing you should do is to immediately retain a lawyer. Although there is no guarantee that a lawyer can prevent a person from being deported, it is in your best interest to retain a lawyer in this case.
    Answer Applies to: Illinois
    Replied: 9/16/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    Come and see me. I need more information about your fiance.
    Answer Applies to: Nevada
    Replied: 9/16/2011
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    You need to contact an experienced immigration lawyer before he is deported. There may be options.
    Answer Applies to: Texas
    Replied: 9/16/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    His chances to stay in or return to the U.S. depend on the charges for which the government seeks to deport him. You should consult with an experienced immigration attorney to get an assessment of his case. He will need an attorney who represents him in court anyway.
    Answer Applies to: California
    Replied: 9/16/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    That will depend upon why he is being deported- you need to seek a full consult with a competent immigration attorney who specializes in criminal law and deportation defense to determine if any solutions are available.
    Answer Applies to: California
    Replied: 9/16/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    It really depends on the basis for deportation. Often, a legitimate marriage to a USC can create eligibility for a waiver to a grounds for deportation. Please consult with an Attorney at your earliest convenience.
    Answer Applies to: Florida
    Replied: 9/16/2011
    Pacifica Legal Services
    Pacifica Legal Services | Floyd Fernandez
    The thing you need to do, if you are engaged and love each other, especially if you have a son, is get a minister, get over to the detention facility, and get married! File an I-130 the next day, coupled with an I-485 adjustment of status, and follow it with a bond hearing to seek release, based upon the filing of an application for adjustment of status. He IS eligible. If you need assistance, feel free to call or e-mail.
    Answer Applies to: California
    Replied: 3/1/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You need to hire a lawyer to petition to ICE at this time! You can't wait any more. Based on more facts collected by the lawyer, a strategy can be formed to persuade ICE to give him a waiver. Sorry there is no easy answer that can cover that.
    Answer Applies to: Florida
    Replied: 2/27/2011
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    If you are a U.S. Citizen, you will be able to petition him if you get married. Marriages can be done even for alien's in police or ICE custody. Your fiance should not accept voluntary removal or any type of removal without requesting to see an Immigration Judge. This type of matter is best handled with the help of an immigration attorney and you should contact one as soon as possible.
    Answer Applies to: California
    Replied: 2/27/2011
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