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  • Immigration Detention

    I was just curious as to whether anyone knew the average length of time people are detained. My husband had an order of deportation made a year ago before we were married. I am a US citizen and was waiting for a divorce so that me and my husband could get married. He has been in the country since 1991 and has no criminal record. All the paper work to bond him out has been filed but I have no idea how long this could take. We are in Boston. Does anyone know how this usually works? I am lost without him.

  • #2
    I was just curious as to whether anyone knew the average length of time people are detained. My husband had an order of deportation made a year ago before we were married. I am a US citizen and was waiting for a divorce so that me and my husband could get married. He has been in the country since 1991 and has no criminal record. All the paper work to bond him out has been filed but I have no idea how long this could take. We are in Boston. Does anyone know how this usually works? I am lost without him.

    Comment


    • #3
      Sorry to say but once in the CIS detention with a more then a year old deportation order the chances of getting released on bond are very slim.

      To get released he has to go for a bond hearing in front of an Immigration Judge. It could take several months before the CIS even schedules one. If an IJ determines that he's a high flight risk (and people with a long outstanding deportation order like his are considered just that) then the bond will be denied and as soon as his travel docs are ready (sad to say) he'll be deported. To try to avoid the deportation you can file a motion to re-open the old immigration case and (if it's granted) argue to cancel the order of deportation but in my experience it's just a waist of time and money because motions to re-open are usually denied.

      To bring him back after the deportation you'd have to file form I-130 and all supporting docs/apps and make sure you specify consular processing as a way to obtain his permanent residence. If you already filed that form then there's gonna be another delay because after I-130's approval you'll have to file form I-824 (request for action on an approved app/petition) to request consular processing.

      It'll be a while before the I-130 and all the docs/apps make it to the National Visa Center in NH and finally to the embassy/consulate in his country. Once they do he will be interviewed for a conditional resident (CR1) or in case you're married for over two years by that time for an immigrant resident (IR1) visa. On the initial interview his visa will be denied and he'll be advised to file two waivers: I-212 (for permission to apply for re-entry after deportation) and I-601 (to wave 10 year ban on re-admission due to over a year of illegal presence). If those waiver are approved he'll get the visa on the second interview. If the waivers're denied you can file them as many times as you want after collecting more supporting docs. The waivers have to demonstrate extreme hardship to you as a USC in case he won't be allowed back to the U.S. CIS doesn't consider emotional or finacial burden as extreme hardship. You can do a search on this board for I-212/I-601 for more details.

      You'd be surprised at the number of people going through this process. Love is grand but will it be enough to endure a lengthy separation and a heavy financial burden? Unfortunately this is the only way he can legalize in the U.S.

      Comment


      • #4
        I appreciate your response. The motion to reopen has also been filed. Since he has not had any appeals and he can be here until the appeals run out we figure that this could take sometime. We are hoping that during that time that they will let him out. Part of our case is the fact that his previous lawyer told him not to go to his hearing because he would be deported. According to the information that has been reaserched since then however we are now aware that he probably would have recieved his greed card at that time. He paid a lawyer to represent him who did not do his job. My Husband showed up to the first hearing and had to tell the judge his lawyer had an emergency. The Secound time he went to court, once again the lawyer did not show up. The Judge gave him one last chance and chaged the date yet again. This time just before the date he wanted to get some paper work together in order to get even MORE time. This was obivously denied where apon he informed my husband not to appear because he would most likely be deported. He told us to come back when we were married. We would have a much better chance at that time.

        We got married and showed up at his office so we could get things going again. He didn't want to deal with us. He told us we could file some paper work for us but that it would cost $$$ and he only had a 50 50 chance of staying in the country. So now the situation is what it is today. My husband willingly turned himself in, and we have a new lawyer who is arguing the case for us. We may also be getting money back from our original lawyer and he may loose his liscence.

        Comment


        • #5
          Why would he lose his license ? Because he couldn't help a criminal beat the system ? You people love to beat me up for being "vindictive" against a con artist and here you are trying to destroy a human being (albeit a lawyer) and blame your criminal problems on him

          Comment


          • #6
            You see my husband was not a criminal when he went to the lawyer for help he was not here illegal. That attroney held himself out as such and did not provide the service for which he was paid. He gave unethical and unhelpful advice to someone who would have easily got there green card under his conditions. What lawyer suggests that you become illegal? That is why I hope that he will loose his liscence and does not continue to rip others off holding himself out as someone who can help when in fact you will just be paying for bad advice. I appreciate your opinion also and I hope you do not mind if I tell you that I think that you do not like the idea of the criminal not being the immigrant but in fact being the American. Thank you

            Comment


            • #7
              You need to consider not only how long they will hold him in detention, but also how long you and he are willing to stay in detention. I don't know what your husband's situation is like, but my husband was held overnight in a detention facility and it was extremely hard on him.

              We could have fought his removal (although we weren't married yet.) But it would have been a long annoying fight, that probably would not have worked out for us in the end. So, we ended up going the I-601/I-212 route (as previously mentioned by Sup).

              If for some reason he does end up getting removed, come on over to www.immigrate2us.net. It is a very friendly forum, and there are several people there that have gone through or are going through the I-601 process (very similar to the I-212 process!).

              I wish you the best of luck and hope that he is not removed, and is able to leave the detention facility VERY quickly!

              Comment


              • #8
                My guess is that your husband will be held for at least the 90-day manditory detention and probably will be held until your motion to reopen has been ruled on.

                My situation was similar. When I married my husband, there was an outstanding removal order. He was in the process of appealing the denial of his asylum claim. When the BIA denied his asylum appeal and our original motion to reopen based on our marriage, he was taken into custody. We had already filed a motion to reconsider with BIA, but at that time the removal order was considered final. It took the BIA 9 months to rule in our favor on the motion to reconsider and my husbands deportation officer refused to even consider release on bond until the BIA ruled. Once the BIA ruled in our favor, my husband was released on a $15,000 bond. Like your husband, my husband had not committed a crime. I wouldn't expect a quick resolution of your situation if I were you.

                WB

                Comment


                • #9
                  I thought the manditory 90 day detention only applied to criminal aliens?

                  Comment


                  • #10
                    According to our attorney, the 90 day manditory detention is applicable when the order of removal is final. Once the BIA ruled against my husband on the asylum claim and once they denied the motion to reopen based on our marriage, the removal order became final. Once we provided additional information to the BIA to prove that the denial of our motion to reopen was in error, they issued a emergency stay of removal. However, ICE claimed that since we received a stay, the 90-day period never started to run and therefore my husband was ineligible for a custody review after 90 days. At the time this was going on, I did do the research and it appeared to me that ICE's position was within the law. A careful reading of the detention provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of September 30, 1996 will show that the manditory detention can apply to immigrants other than criminals.

                    Comment


                    • #11
                      hi Iam sorry about your situation Iam from boston and I was in detention too but fortunately I was granted to reopen my case that is 14years old I wish I saw this post sooner now that 3month has past I was wondering what happen to your husband and the nogood lawyer dose he have office in lawrence? please let me know

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