What are an immigrants options if they are in the custody of the INS? 5 Answers as of July 20, 2011

My boyfriend of three years and father of my 2 year old son and one one the way is in jail for fighting. After he gets out, INS has him. He has been here for years and has worked and supported us also our son has problems. So what do I need to do to to keep him here in the us and not get sent back to Mexico?

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If he has been in the US for at least 10 years, he may qualify for cancellation of removal for non-permanent residents. Please consult with an immigration attorney that has experience in removal proceedings.
Answer Applies to: Nevada
Replied: 7/20/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
He may be eligible for a Cancellation of Removal for Non-Permanent Resident in court.
Answer Applies to: Texas
Replied: 7/20/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
He first needs to see whether he can get released from ICE detention after they took him in. As for as options for remaining in the U.S., he could seek relief from deportation if he came legally to the U.S., you are a U.S. citizen, and you get married. He may also be eligible for relief if he has been in the U.S. for more than 10 years. I strongly recommend consulting with an immigration attorney to assess your options.
Answer Applies to: California
Replied: 7/20/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Dear Sir or Madame: I can respond to your question in general terms. Do not construe this response as legal advice as I would have to meet with you and learn a lot more facts about your case to see if the general principles in my answer apply to your specific case or if facts in your case make the general principle inapplicable. Generally speaking: A person who has been in the United States for ten years and has a parent, spouse, or child who is a citizen or resident and that relative or relatives will suffer exceptional and extremely unusual hardship if the person is deported can obtain permanent residence through Cancellation of Removal. INA 240Ab. Certain crimes and conduct can make one ineligible for this relief. A person who entered with inspection or has a petition for himself or his parent that was filed before May 1, 2001, can seek adjustment of status through marriage to a U.S. citizen. Certain crimes and conduct can make one ineligible for adjustment of status. If a person is eligible for relief and does not have crimes that subject them to mandatory detention can be released on a bond set by an immigration judge (as long as the person was not arrested at a port of entry. If so, an immigration officer can set a bond.)
Answer Applies to: California
Replied: 7/20/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
If you are a USC, I wonder why you are not already married since you have children and other roots together in the US? But that would have been helpful to his situation. As matters stand, he may try to apply for cancellation of removal before the IJ and that is not a slam dunk by all means. I hope he does not have any aggravated felonies or immigration violations other than his previous single entry. Please consult with competent counsel on the specifics of your case. There may still be hope.
Answer Applies to: California
Replied: 7/20/2011
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