What can I do to save my husband from deportation? 6 Answers as of August 05, 2011

My husband is being accused of a crime he didn't commit, put handcuffs on him and took him to jail. He is in holding and ICE has a detainer on him. He is here illegally, and was to leave 8 yrs ago, but never did. We have been married for 3yrs and have a daughter together. Can't express the emotional toll this has taken on both our daughter and myself. Once his case is over in criminal court he will be turned over to ICE. I am nervous at this point because I don't know what will happen. This has been a real financial strain on us as well. Not sure how I will pay my rent or put food on the table for our child at this point. What can I do to help him?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
These cases are complicated and not cheap. If he has a prior deportation order then this will likely be reinstated without a hearing. Are you a U.S. citizen? You will need a good criminal lawyer (or Public Defender) to handle his criminal case. You will also need an immigration counsel to advise him on the immigration consequences if he is considering entering a plea to any crime at all and to begin a petition by you to have him returned to the U.S. as soon as possible. Because of his illegal time in the U.S. and deportation order he will need at least one and perhaps two waivers to return to the U.S. and will need to show extreme hardship to you. We would be happy to meet with him and you to help in the assessment of what needs to be done, timing, costs, etc. This is very general information and not specific advice as I do not have any of the facts of his case in front of me.
Answer Applies to: California
Replied: 8/5/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Reading your posting, it seems he was ordered deported 8 years ago [ "was to leave 8 yrs ago" ]. If that is true, it does not seem that he can stay in the US. He may be able to re-open his removal proceeding under certain circumstances. Please contact an experienced immigration attorney to find out if it can be done.
Answer Applies to: Nevada
Replied: 8/5/2011
Fong & Associates
Fong & Associates | William D. Fong
Have you filed for his permanent residence? File immediately, and after he is deported, then he can file for the immigrant visa at his home consulate. He will need to prove up an extreme and unusual hardship to you and the children to qualify for the waiver.
Answer Applies to: Texas
Replied: 8/4/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
His chances to remain in the U.S. depend on the outcome of his criminal trial, how he last entered the U.S., and any prior stays in the U.S. He might be able to avoid deportation because of your marriage. You must talk to am experienced immigration attorney who has a chance to assess his case.
Answer Applies to: California
Replied: 8/4/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
If he did not commit the crime, he should fight the criminal charges. If he is convicted, depending on the conviction, he may be removable or not eligible for waiver. Once his criminal case settles, he will face the immigration judge for removal. If he entered the country legally but overstayed his visa, and if you are a US citizen, you may petition him for immigration. If he did not enter the US legally, and if he has been here for more than 10 years, he may be eligible for cancellation of removal. Please do yourself and your husband a big favor: hiring an immigration attorney as this kind of cases are very complex.
Answer Applies to: California
Replied: 8/4/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You should definitely retain a lawyer to work with you! Marriage with US citizen does not give anyone the privilege of permanent residence. He may or may not have defense. but only a lawyer after doing thorough research on your case can say for sure.
    Answer Applies to: Florida
    Replied: 8/4/2011
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