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  • #16
    Nothing you can do but hire a good attorney. Do not rely on the local public defender. Public defenders just negociate plea deals.

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    • #17
      Why didn't you adjust his status after you got married?

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      • #18
        ok FIRST ITS NOT FAKE second i have panccreatitis. i had my twins by emergency csection when i was 35 weeks preg they were in the nicu for 3 weeks they weighed 3lbs 11 oz and 4lbs i wish this wasnt true. we didnt start his papers cuz i have been so sick since march of 08 in and out of the hospital there was never enough money for the lawyer. so i really dont care if you believe me. all i wanted was some advice im alone and scared and dont want to lose my husband. its a second degree assault and they say its a misdemeanor. so thanks to those who have taken me seriously it means a lot. and to those that dont believe me please come trade places with me im about to lose everything cuz i cant work and my husband was the one paying all the bills so all i wanted was some advice sheesh. thought you people were a little more grown up on here.

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        • #19
          Sorry to hear of your problems. The first thing you should know about Immigration law is that what appears to be a misdemeanor under local laws can be redefined as a CIMT or aggravated felony under Immigration law. Being illegal with a misdemeanor is bad enough. Anything more will add to his and your problems.

          Do not accept any plea bargain and fight any conviction. Plead not guilty and get a lawyer versed in both criminal and immigration law ASAP.

          File for AoS (Adjustment of Status) ASAP too. it is possible to get the USCIS to waive the filing fees:

          USCIS.gov
          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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          • #20
            I should add that an I-601 waiver given your situation is possible. Medical or financial grounds are often used successfully. Look here for more on that:

            immigrate2us.net
            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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            • #21
              thanks for all your advice i spoke to a lawyer today and they said he might be able to get a immigration bond since he isnt a high flight risk. also they did tell me he has to go back to his country and adjust status and maybe we can get the 10 year ban waived because of all the circumstances. does anyone know how high bonds are for immigration. thanks to those who answered for all your kindness

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              • #22
                oh and i put our pics up so you guys can see its not a fake post

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                • #23
                  I don't know what the bond is likely to be. After 911 the USCIS instigated Special Registration for those immigrants who were considered high risk because of their nationality. Those that didn't have a criminal record or past immigration violations were released on own recognizance and paid an average of $1500 for the bond.

                  I'll guess that ICE will set the bond amount and factors such as the seriousness of the crime he's charged with will dictate the amount.
                  "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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                  • #24
                    Originally posted by 4mytwinsandmyhubby:
                    oh and i put our pics up so you guys can see its not a fake post
                    Please accept my apologies, there are alot of looney tunes on here, great picky of you all!

                    immigrate2US is a really good forum, that you will find more regarding the 601 waiver

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                    • #25
                      Originally posted by 4mytwinsandmyhubby:
                      ok FIRST ITS NOT FAKE second i have panccreatitis. i had my twins by emergency csection when i was 35 weeks preg they were in the nicu for 3 weeks they weighed 3lbs 11 oz and 4lbs i wish this wasnt true. we didnt start his papers cuz i have been so sick since march of 08 in and out of the hospital there was never enough money for the lawyer. so i really dont care if you believe me. all i wanted was some advice im alone and scared and dont want to lose my husband. its a second degree assault and they say its a misdemeanor. so thanks to those who have taken me seriously it means a lot. and to those that dont believe me please come trade places with me im about to lose everything cuz i cant work and my husband was the one paying all the bills so all i wanted was some advice sheesh. thought you people were a little more grown up on here.


                      Average sentence in US for murder is like 5 years.
                      Assault, especially simple one, is even encouraged to be dismissed before bringing it before the judge.
                      And to be arrested I think he must have bludgeoned or broken someone's nose.
                      Unless it was an ICE detainer for being here illegally and he got arrested during routine questioning for being in country without imm. status.
                      I have read many different cases in my sparetime and crimes of violence in general are not severely punished unless there are aggravating issues involved.
                      You would need a good criminal attorney who was also very well versed in immigration.
                      The prosecution may plea bargain and reduce the charges below statute of inadmissibility if told about immigration concequences to charged person.

                      Anyway, if you are not making this up then contact legal professional , it's not something anyone can help you with on public board.

                      One more thing: do not just open yellow pages and contact any lawyer. Better get someone well known and experienced, through referral, and they better be very respectful of whoever will refer you.

                      That in a nutshell is what you need to do.
                      http://www.anbsoft.com/images/usflag_med.jpg

                      "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

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                      • #26
                        thanks for the advice

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                        • #27
                          You are welcome
                          http://www.anbsoft.com/images/usflag_med.jpg

                          "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

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