QUESTION
Can ICE deport my husband when we are legally married with our extreme situation? Will he be able to come back if I can’t stop the deportation?
Asked on Aug 30th, 2013 on Immigration - Texas
More details to this question:
My husband was picked up by Immigration and Customs Enforcement on August 16, 2013. He is in removal process and no one will tell him or me why they arrested him besides him being an illegal alien. We have been married for 8 years and I have two small kids both with autism and my son who is 5 years old also has a liver disorder he was born with on top of the autism he has. He went to jail before he met me in the year 2003 for a criminal domestic violence and receiving stolen goods in possession under $1000 in 2007, and a petite larceny for stealing a picture frame in 2008. He has been staying out of trouble ever since and just working to provide for us. But they said his name came up on a computer system and they have to deport him. I need him to be here with me and my children for major support cause of my kids disability.
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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To begin with, if he is here illegally, that is enough to deport him. His criminal convictions, even though they were years ago, may make him inadmissible if they involved crimes of moral turpitude or violence. Although you have been married for 8 years, you do not state whether you are a U.S. citizens, legal permanent resident, etc. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. He/she would then be in a better position to analyze his case and advise you of your options.
Answered on Sep 03rd, 2013 at 6:57 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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If you are a US citizen or lawful permanent resident, you should file an I-130 visa petition for him. You should also speak to an immigration attorney as your husband should have a right to a hearing before he is deported.
Answered on Sep 03rd, 2013 at 10:43 AM
You need to act quickly to stay the deportation based on hardship. Waivers are available if presented correctly and persuasively. There are many factors to consider to know the right course of action and the chances of success.
Answered on Sep 03rd, 2013 at 10:15 AM