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  • Help Husband is being detained

    Anyone have any ideas on what I can do to help my family from being torn apart? My husband which is a permanent resident pled quilty to Illegal Foodstamp Redemption in 2002 he didn't have to serve any prison time however he did have to do 6 months home detention which he completed. He also was ordered to pay restitution over $10,000 which we was paying monthly. My husband went to a different state to look for employment with the permission from his probation officer. He found a job and went to set up things for us all to move and so he had to set up with a probation officer there. The officer visited him at his new job and then later set an appointment for him to go to his office. He went to his office and there was an INS officer waitting for him to arrest him that was on February 11th of this year. He has been detained since then. We hired a lawyer and had to pay him $10,000 up front for his services. The INS denied him a bond hearing, the lawyer took it to Federal Court and filed a Habius Corpus but due to the recent Supreme Court hearing they denied him a bond under federal court also. The lawyer says he only has a 50/50 chance of getting dismissed from the INS if he can prove that he is not an aggravated felon. That could take up to 6 more months for him to even get a hearing. I am a US citizen and our 2 children are also if he gets deported we wouldn't be able to move there both of our children are from previousl relationships before we got married 4 year ago so their other parent won't allow them to be taken out of the US is there anything I can do to help my family from being torn apart?
    Please HELP

    [This message was edited by shlabue on June 03, 2003 at 12:28 PM.]

  • #2
    Anyone have any ideas on what I can do to help my family from being torn apart? My husband which is a permanent resident pled quilty to Illegal Foodstamp Redemption in 2002 he didn't have to serve any prison time however he did have to do 6 months home detention which he completed. He also was ordered to pay restitution over $10,000 which we was paying monthly. My husband went to a different state to look for employment with the permission from his probation officer. He found a job and went to set up things for us all to move and so he had to set up with a probation officer there. The officer visited him at his new job and then later set an appointment for him to go to his office. He went to his office and there was an INS officer waitting for him to arrest him that was on February 11th of this year. He has been detained since then. We hired a lawyer and had to pay him $10,000 up front for his services. The INS denied him a bond hearing, the lawyer took it to Federal Court and filed a Habius Corpus but due to the recent Supreme Court hearing they denied him a bond under federal court also. The lawyer says he only has a 50/50 chance of getting dismissed from the INS if he can prove that he is not an aggravated felon. That could take up to 6 more months for him to even get a hearing. I am a US citizen and our 2 children are also if he gets deported we wouldn't be able to move there both of our children are from previousl relationships before we got married 4 year ago so their other parent won't allow them to be taken out of the US is there anything I can do to help my family from being torn apart?
    Please HELP

    [This message was edited by shlabue on June 03, 2003 at 12:28 PM.]

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    • #3
      I am sorry for your situation and wish i have some answers for you but i have no knowledge of immigration laws whatsoever. I can only pray for best to you. Hope, your thread gets others' attention who are so wonderful in their advise to this board like sammy.

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      • #4
        Thank you very much for your response to my article. God Bless

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        • #5
          aggravated felon is deportable . first step is to file for cencellation of removal, I don't know if thats gonna fly because I don't know that how long he is in US and how many crime he did. Sure he will be qualify for Extremly unusal hardship to USC.
          Talk to your Lawyere regarding filing cencellation of removal in details, the problem is to prove his good moral. if your attorney think he can qualify then you can file for cencellation.
          Then in federal court appeal your base should be hardship.
          frankly speaking he have less chances to stay then deported.

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