QUESTION

My husband is in ice custody. How long will it be until he gets out?

Asked on Oct 11th, 2012 on Immigration - California
More details to this question:
My husband is in ice custody in California. He was ordered deported in June 2012 and we appealed. We are waiting for the appeal. Both briefs are in. I-130 is pending. It has been transferred to local uscis office. Married, 2 boys. My husband qualifies for bond hearing because he has been incarcerated for over 260 days. No criminal history. We are still waiting for the date of the hearing. Does he have a chance to get out of detention? Our children's behavior has changed 100% since this happened.
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3 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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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 Oct 15th, 2012 at 2:35 PM

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Criminal Defense Attorney serving Alhambra, CA at 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. 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 Oct 15th, 2012 at 2:34 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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If he does not have any criminal record, I do not see why ICE continues to hold him. File a motion for bond with the IJ.
Answered on Oct 11th, 2012 at 6:26 PM

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