QUESTION

How do I stop the father of my child from getting deported to Mexico?

Asked on Apr 20th, 2012 on Immigration - Texas
More details to this question:
I have a 2 year old kid with my boyfriend who is currently in a detention center awaiting deportation. He was in United States for 6 years. He entered when he was 16 years old. He is my sole source of income.
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4 ANSWERS

Immigration Attorney serving Boulder, CO
2 Awards
You may wish to consult with a qualified immigration attorney to see what defenses to deportation your boyfriend may have.
Answered on May 30th, 2013 at 12:49 AM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Removal/Deportation Representation* It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States.
Answered on May 14th, 2012 at 9:07 PM

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Immigration Law Attorney serving Chicago, IL
3 Awards
This is an challenging and unfortunate situation. An answer will require much more information and take time to evaluate. I strongly recommend an appointment with a competent and experience immigration attorney as soon as possible. There may be hope, but it will take time to discuss the options and decide whether you are able to pursue any of these.
Answered on May 14th, 2012 at 8:07 PM

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If he crossed the border illegally and has been here for only 6 years, he should request voluntary departure or agree to leave the country voluntarily. You can then petition for him on Form I-130 after you have married each other. The paperwork will take between 12-18 months to be processed before he will be scheduled for his immigrant visa interview at the US consulate in his home country. The problem with his case is that he looks like he may be subject to the 10-year bar for having been unlawfully present in the US in excess of 1 year. He can apply for a waiver of the 10-year bar on Form I-601 if he can establish extreme hardship to you or his parent(s) who are residents or citizens of the US, but not your children. The waiver requires a lot of documentation and I highly recommend you to hire professional help.
Answered on May 14th, 2012 at 8:06 PM

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