QUESTION

my husband is on ins hold is it possible to stop the deportation then let him out we have a 10month

Asked on Jun 22nd, 2014 on Immigration - Texas
More details to this question:
We lived together a 1 year  and  1 month have a baby born in us and i was born in uswe been togther for almost 3 years boyfriend and girlfriend 
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
An initial question is whether your husband has had a prior deportation order or committed crimes. In those cases, it would be more difficult to have him released. If he was your husband and not just your boyfriend, that would be another equity in his favor. If he has not been under prior proceedings, he may be eligible for release by ICE or through a bond hearing with an immigration judge. If he has had a prior deportation order or committed crimes, he or his attorney can ask for prosecutorial discretion from ICE that he not be deported. If there are grounds to reopen his case, his legal representative can file a motion to reopen which if successful may result in his being released. Otherwise he may have to remain under ICE custody while it tries to arrange transportation outside the US. If it is unsuccessful in arranging a deportation within a reasonable period of time (usually six months), it will likely be forced to release your husband/boyfriend.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 14th, 2014 at 9:16 AM

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