QUESTION

Does the new immigration law affect my husband?

Asked on Aug 26th, 2011 on Immigration - Texas
More details to this question:
My husband has a deportation order due to not showing for court once he entered the us in 2004. He is from Honduras and was caught entering but was then let go into the US and given a court date that he did not show up for, he was then given Deportation. We have been together since 2005 and have two children and he is also the step father to my two older children (father murdered in 2006). One of our children we have together has a brain tumor and has seizures all the time. I am currently in nursing school and I NEED him here to help me. He has no criminal record. Does he still have to go back to Honduras and hope they will let him back in with a pardon? I hope not because we can afford to base our life on a 50/50 chance he will come back. Does the new law Obama just signed effect us?
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7 ANSWERS

Immigration and Naturalization Attorney serving San Diego, CA
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The new policy memo is not really a new law. You certainly have some strong equities for your spouse to remain here but not showing up for deportation court and being ordered deported in absentia is serious. I would recommend you pay for a consultation so everything can be reviewed and then we can advise you on the specifics of his case and not just generalities. Perhaps there was a technicality in how the old case was handled that could benefit him or some alternative relief can be sought given your familys dire need for him to stay.
Answered on Aug 30th, 2011 at 6:53 AM

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President Obama did not sign a new law recently. The policy statement may or may not result in some temporary relief for your husband. I suggest you meet with an immigration lawyer to discuss his options.
Answered on Aug 29th, 2011 at 1:10 PM

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Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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Unfortunately there is no "Obama new law". So far it is just talk and hope. If your husband was deported in absentia, then he might have to wait in Honduras for 5 years before he can come back on your petition.
Answered on Aug 29th, 2011 at 12:57 PM

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There is no new immigration "law," rather there is a new direction for the enforcement part of immigration, called ICE (Immigration and Customs Enforcement). The new emphasis will be on removing (deporting) those removable aliens who have committed crimes or pose a danger to the United States. That certainly does not sound like your husband. All other removals will be placed "on a back burner" for now and dealt with in the future. I do not know what steps you have taken so far to sponsor your husband but I assume that you have filed a I-130 petition based on your marriage? If you did and it was approved, it would also count towards making your husband a lesser priority for removal. In any event, unfortunately he would still need to go out of the country and try to get a waiver (not a pardon as you stated) because he entered illegally. That waiver (known as a 601 Waiver) needs to be well prepared and presented on the basis of extreme hardship to yourself as his U.S. Citizens spouse. Now listen carefully: the hardship to your children (even the one with seizures) does not count directly because the waiver is based only on hardship to spouses and parents, but to the extent that the hardship to the children affects you as his spouse, it is an important part of what needs to be presented and argued in support of the 601 Waiver. Also, depending on the facts, your husband's removal order because he did not go to the hearing may be able to be set aside (vacated) and his case reinstated. This is a matter that depends on too many factors to address here, but generally if he knew about the court date and just did not show up, there would not be good reason to try to rescind the removal order and reopen the case. If the case could be reopened, he might be eligible for various relief. I hope this helps and wish you the best of luck.
Answered on Aug 28th, 2011 at 7:26 AM

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Corporate & Incorporation Attorney serving Coral Gables, FL at Hans Burgos, P.A., Immigration Law Offices
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He may be able to apply for deferred action and be placed under an order of supervision allowing him to obtain a work authorization based on the premises of the recently announced policy.
Answered on Aug 28th, 2011 at 7:02 AM

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Immigration Law Attorney serving Chicago, IL
3 Awards
There is no new law. The Obama administration simply helps those without an order. To discuss the risks of a motion to re-open, schedule an appointment. Otherwise, your husband has a final deportation order and to do anything may result in his detention and removal.
Answered on Aug 28th, 2011 at 6:26 AM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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It is unclear as to the extent of the new policy, but it does not sound like the type of case that would qualify. You should continue to monitor the law as it progresses.
Answered on Aug 28th, 2011 at 6:10 AM

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