What can I do if my fiance is being detained in jail? 7 Answers as of October 19, 2011

Your fiance has likely been ordered removed in his absence. I understand that you tried to continue the hearing, but a person who is served with a Notice to Appear is required to appear before the Immigration Court. The fact that your fiance did not have an attorney was not a sufficient reason not to go. He could have went to the Immigration Court and requested more time. This is most likely why your fiance is being detained. An order of removal entered in your absence can only be reopened if you can demonstrate lack of notice or extraordinary circumstances that caused the delay. Based upon what you have told me so far, the only option to fight the matter here would be if the Immigration Court did reschedule his hearing and you never received notice. This would require a little research. If the court did reschedule the notice and you somehow did not get the notice, then your fiance may be able to fight his removal in the United States. However, if this is not a viable option, he can return to Mexico. You can marry (either in the U.S., if you can arrange it, or in Mexico). After you are married, you would need to petition for him to receive an immigrant visa. He will also need a waiver of inadmissibility for illegal presence and an application for readmission after removal. These require submission of the appropriate forms and supporting evidence. This is a complex matter and you should strongly consider speaking with an attorney in person to discuss how to best handle this case.

Get a list of free immigration services from the immigration court. If he has more than 10 years of continuous presence in the U.S. he may be eligible for Section 42-B Cancellation.

I don't really know what there is to do if he was ordered deported or removed due to his no show in Charlotte. If that is the case, ICE can just outright remove him without a hearing before the Immigration Judge. If he was not ordered removed, then it may be possible to keep him in the US but he must appear before the IJ and there he will apply for many defenses one of which should be Cancellation of Removal and you marry him in good faith then he can also apply for adjustment of status among other things. First you have to determine if he was ordered removed. Any Attorney can do this for you if you gave them your fiance's A-Number (his immigration file number). Do not do it in this forum, only in private.

You must consult with an immigration attorney as soon as possible. Your fiance is likely to be subject to a deportation order if he failed to appear at his last immigration court hearing. For him to have a chance to remain in the U.S., his removal proceedings must be reopened. You cannot handle this on your own.

Since you did not go to the previous hearing your husband probably received a removal order in absentia. This means they are probably detaining him with the intent of deporting him. You need to speak with and hire an immigration attorney immediately to file a stay of removal and try to reopen his case.

Depending on your fiances criminal history, your status as US citizen or Legal Permanent Resident your fiance can be eligible for Adjustment of Status to that of Legal Permanent Resident if you will marry him and petition immigration service and immigration court for relief. Another possible solution is to apply for Cancellation of Removal in Immigration Court where your husband case is pending. In any case you should consult experienced immigration attorney and prepare for expensive process.

You needs to retain a lawyer for your fiance. A lawyer will be able to go through all his facts and advise on what defenses he may have in deportation process.