QUESTION
Can my fiancee stay in the US if he's in immigration jail and didn't fix his papers?
Asked on Dec 29th, 2012 on Immigration - Nevada
More details to this question:
My fiancee is in immigration jail because he has a lot of misdemeanors on his record. He came to the USA in 1988, but he never fixed his papers. Does he have a chance to stay because of his time being here? He does qualify for Nacara because his is from El Salvador. I can marry him, but am not a citizen, just a Permanent Resident.
4 ANSWERS
Adebola O. Asekun
Your raised a number of questions which I think is best answered by an immigration attorney who does detained work and is able to visit your husband in jail. Sadly, the fact that he has been here for 20 years or may be Nacara eligible is not relevant if he is otherwise deportable.
Answered on Jan 09th, 2013 at 7:54 PM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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His criminal record needs to be analyzed carefully to determine if he qualifies for a waiver.
Answered on Jan 09th, 2013 at 7:05 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that he can definitely be deported, since he is here illegally. The fact that he has been here for more than 20 years, does not make him legal. 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 situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 09th, 2013 at 6:59 AM
Robert E. West
Yes he can and may be deported.
Answered on Jan 09th, 2013 at 4:07 AM