QUESTION
How can I help my boyfriend who is illegally here and he was arrested for DWI?
Asked on Jan 14th, 2013 on Immigration - New York
More details to this question:
It happened Tuesday night and I bailed him out Friday only to be taken by ICE. I hired him a lawyer they recommended and she’s giving high hopes. I just want someone else’s point of view. This is his first time in any sort of trouble. Please help I don’t want to be given false hope. She says this week she will get him out and we will have to get married. I am a permanent resident. Thank you.
6 ANSWERS
Adebola O. Asekun
Based on your explanation, it is likely DHS will start proceedings to deport him from the US. He may or not be able to stay but your first objective is to secure his release from DHS custody. To do so, his immigration lawyer must find out your boyfriend's current detention status. He will be detained by ICE under one of three grounds (a) s.236AINA ; (b) s.236(C) INA or (c) s.241 INA. If he is detained under s.236A INA, he will get a bond (which must be paid before he is released) and then his case will be before a judge. If he is detained under either s.236c or s.241 INA,, he is not bondable. Although, he can challenge the determination that he is subject to either of the two statutes. Because, his immigration lawyer is the one with most of the information about his case, s/he should be able to tell you what is going on. If not, you should seek a second opinion from another lawyer.
Answered on Jan 18th, 2013 at 1:56 AM
Rebecca T White
Well, it will depend upon the specific facts. Hopefully you are eligible for US citizenship soon.
Answered on Jan 18th, 2013 at 1:55 AM
If you are not even married and he is here unlawfully, having entered the US unlawfully, he will not be able to legalize his status within the US.
Answered on Jan 18th, 2013 at 1:55 AM
Robert E. West
You have a lawyer, speak to her.
Answered on Jan 17th, 2013 at 10:06 AM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Immigration issues are complex, fact-intensive and no easy answer can be given without you meeting personally with a qualified immigration attorney. He may be eligible for cancellation of removal under 42B, marriage may not be necessary, but I would need to know more.
Answered on Jan 17th, 2013 at 10:05 AM
Immigration Law Attorney serving Staten Island, NY
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Law Office of Jeffrey Lisnow
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There are many factors that go into a case.
Answered on Jan 17th, 2013 at 10:04 AM