QUESTION

What can be done if my husband may be deported?

Asked on Jan 25th, 2013 on Immigration - California
More details to this question:
I am a US citizen and married to my husband who is here on an A2 visa. He has been detained for violation of his visa stipulations at this time until a hearing with an immigration judge. The visa didn't expire until 2016 so we thought it was okay to take time to file paperwork for sponsorship. Clearly it wasn't. We are also expecting.
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8 ANSWERS

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 Jan 31st, 2013 at 8:07 AM

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Adebola O. Asekun
Absent extraordinary circumstances, such as criminal violations or conduct involving US national security an A-2 visa entrant should generally not be subject of DHS enforcement actions, given the sensitive nature of US diplomatic relations. But as you have indicated, your husband who, presumably entered United States as a A-2 diplomatic visa is now currently held for removal proceedings by DHS. The fact that his visa is valid until 2016 is now besides the point since as a matter of law, the visa is revoked once he violated terms of his visa status. I strongly suggest that you hire an immigration attorney as soon as possible. In so doing, realizing there is little margin for error in detained cases, you should consider an attorney with extensive experience in doing cases under the detained docket.
Answered on Jan 31st, 2013 at 8:06 AM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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There is a strategy here. You should retain an attorney. You either apply for adjustment of status or do consular process.
Answered on Jan 30th, 2013 at 10:13 PM

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Rebecca T White
You need to meet with an immigration attorney, and you need to file an I-130 immigrant visa petition as soon as possible.
Answered on Jan 30th, 2013 at 9:25 PM

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The very first thing you need to do is to file an I-130 petition on your husband's behalf. Has that been done yet. After the petition has been approved, you can apply for adjustment of status before the immigration judge. Time is not on your side, so you need to get started immediately.
Answered on Jan 30th, 2013 at 7:11 PM

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Criminal Defense Attorney serving New York, NY at Law Offices of Nicklaus Misiti, PLLC
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The attorney should be knowledgeable with marriage based immigration, immigration bond and deportation defense.
Answered on Jan 30th, 2013 at 6:41 PM

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I believe the visa you are referring to is a multiple entry visa which is good to use to enter the U.S. until 2016 for multiple entries. However, each time a person enters he is allowed only to stay for a set amount of time that is usually stamped in his passport. In any case, your husband may have a good chance in immigration court to remain in the U.S. and get a green card. Immigration Court is complicated and can be difficult without an Immigration Attorney. I strongly recommend that you get an Immigration Attorney as soon as possible discuss your situation at the consultation. Bring all your immigration documents and related paper work with you to the consultation.
Answered on Jan 30th, 2013 at 5:20 PM

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In most cases, violation of visa status is not quite enough to hold someone detained until the Immigration Court hearing. Being properly prepared, a request for release on bail should be successful. In many cases, it is easier - and takes a lot less time - to obtain relief from removal than to try getting a person back into the U.S. after deportation. Preparation for an Immigration Court hearing is better done with time to spare than at the last possible moment, especially if filing an immigrant petition would change the balance in your husband's favor. I would suggest that you consider retaining an immigration attorney ASAP instead of trying to gather some general advice.
Answered on Jan 30th, 2013 at 5:20 PM

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