can anyone please tell me if there is anything i can do. i filed a petition for my husband last week we got married in Dec. 07. He is in jail for 90 days for driving without a license. He has an icedettainor and i was wondering if i get a lawyer will that help so he wont get deported since i filed a petition for him already. Or will i need to file something else so i can speed his case up.
You did not say if this is the only charges he now has or has had against him. Is he here illegaly or what is his status?
In which state is he detained?
Seek legal council quickly because each state is different with their laws which have been enacted or changed recently. You might first want to inquire through a charity organization so you'd save money in order to later pay for a bond to get him out of ICE custody and then he'd wait for his removal hearing which you can hope he'd be eligible for voluntary departure. (Requiring another bond.)
Since ICE has a hold on him they are most likely waiting until he serves his jail time and will then deport him. You might be able to get a detention bond on him for his release (after ICE takes him into custody and places him in another detention center) but your filing of a petition for him will not prohibit the possibility of deportation nor with having filed it will it speed up his case of going through the process. You did not say if this is the only charges he now has or has had against him. With ICE having an interest in him he's probably looking at a removal hearing for deportation and he must NOT sign away his right for a hearing, he must understand fully any paper he signs and ask for the hearing.
This message has been edited. Last edited by: explora,
He is in Garden city, KS. These are the only charges he has on his record hes never done anything else. I have heard that 3 times w/o a drivers license is considered a felony. The place where i applied for his petition is a catholic organiation the lady that helped me did not tell me anything about a detention bond or anything else all she said was to file for a petition. I have an appointment with an attorney on monday to see what i can do but i did hear it is alot of money. Where can i ask for this bond?? is there any way i can call to the immigation office and do anything
his parents brought him here 7 years ago he was only 13 they all crossed illegally. So he is illegal here. Do u know if his record of being arrested and in jail for no DL will affect alot of him going to mexico for a long time when he gets his residence
Don't let this SonofMichael and his sarcastic comments hinder you from posting here. He likes to throw these type of spitba.lls and you have to ignore him. He's been doing this for a long time so it's not only you he's responding to like this, he's done this to many others.
It's a shame and embarrassment for a new member to receive this type of response at a time when they're down on their luck. No wonder this board can't retain some new members. They leave and don't return.
Minor traffic violations aren't going to be strongly looked at when he has his interview at the consulate. That is going to be a long time from now as you've got many other forms to take care of first. I've heard that some of the charity organizations haven't told the petitioner about the entire process and all steps that need to be taken. It was also on Univision last week or so that they announced that these I-130 petitions aren't going to keep individuals from being deported as some have had the mistaken belief that it would.
Sorry but i have so many ?'s im so glad i found this website this way i wont have to pay 100 dollars to ask all these questions. Do u know how long it will take to get a response for the petition i filed and will he recieve a employment permit. The only thing the lady told me that helped me file the petition was that i would recieve packets like in 4 months and that when it came down to him getting his residence he would have to leave to mexico for at least 2 yrs because he got pulled over 3 times already.
If you have the money for a consultation you can visit with an attorney. There's no sense in hiring an attorney at this point because you have just recently filed your I-130 petition. It will take at least three months for that to be approved depending if you submitted all the necessary documents. You need to concern yourself with searchig for an immigration bondsman and that is if your husband is eligible for a bond. Is your husband eligible for bond to get out of this local jail? With ICE having a hold on him I doubt it.
You need to wait until you know what ICE is going to charge him with and that will most likely being here illegaly. The bond, if applicable, will be at least $5,000 but that is when he's placed in ICE custody which he isn't at this time.
I'm trying to think back about Garden City Kansas. Isn't that one of the newer stricter areas in the U.S.?
Look over this link started by ggfrisco on page three. I know it's about a Legal Resident in Deportation but there's some highlights within the thread that you can get an idea about the deportation.
I'm doubting it through the local jail but maybe once he's in ICE custody I think he can get out on bond and he'll wait for a removal hearing which will allow him some time to remain here until his hearing. I'm curious about the area he's in, Garden City KS, or maybe I'm confused with Garden City GA that calls ICE. But so be it, ICE has already been contacted and they have a hold on him. It depends, he could be eligible through DHS. She needs to contact a local bondsman to start understanding how she'll go through this unless she wants to do it herself through DHS.
The hold is placed on deportable aliens, that is, legal aliens who are deportable for criminal (or other) reasons and aliens who are illegally present when they're arrested. Your husband seems to fall into the last category.
The problem is that since he entered without inspection he does not qualify for AOS, and he will probably be placed on removal proceedings and removed.
However, this is just an opinion, you should talk to a lawyer or an official in order to get the advice you need. This is just an internet forum and not the place to seek legal advice.
There was a guy that got stopped by police, put in jail and ICE was notified. The wife contacted DHS and they said with $3,000 he could get out and then ICE would send a letter with the court date for him to come to court. This would allow him time to get his affairs in order and of course if he doesn't show up in court he will be deported.
Call a bondsman and have them contact the local jail to see if he's eligible for bond at this time and what the amount is. That's a start.
If eligible, some bondsman will take it and some won't since he's from out-of-country. You then would need to contact an international bondsman which your local bondsman could refer you to or you can do a google search to find. I
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and his sarcastic comments hinder you from posting here. He likes to throw these type of spitba.lls and you have to ignore him. He's been doing this for a long time so it's not only you he's responding to like this, he's done this to many others.