QUESTION
What can I do if my husband is being held at a Detention Center?
Asked on Mar 30th, 2013 on Immigration - New York
More details to this question:
Hello, my husband and I have been married for a little over two years and in November of 2011 we decided to visit his family in Mexico. While we knew it was a risk to take because he is not legal in the U.S. we attempted it anyway. I fell pregnant while we were there. This baby is a true miracle although not planned at this point in life he came to us after we experienced six miscarriages. I came back to America to give our unborn baby the best start to life. Well my husband has tried to pass five time illegally and was caught all five times and the fifth time he was put into a Detention center in Arizona for 105 days. He will be released a month before my due date of August 11, 2013. What can I do to help him come back to me so he can be here for the birth of our baby?
5 ANSWERS
Adebola O. Asekun
I start first by saying that the first thing you can do is to retain a very experienced immigration with a good background of federal criminal law right away to represent your husband. This is because, the situation you described is a very difficult in which, there can be no guarantee of the outcome. If your husband has indeed been arrested five [5] times for illegal entry or re-entries to the US, he may have severely damaged his chances of returning to the US. This is why. Aliens who have violated the US immigration law in this manner you described here are regarded as "immigration recidivists" and at a bare minimum, they are barred for 20 years from receiving legal permission to come and live in the US, starting from the date of their last deportation. Next, if he has indeed made 5 [five] unsuccessful attempts to re-enter the US unlawfully, he may be found to have violated 8 U.S.C 1326, a federal crime for which, if convicted, he may serve a mandatory minimum jail term of 72 months followed by another deportation to Mexico. Attempting to do this either on your own or with the assistance of someone not qualified may further worsen the situation.
Answered on Apr 04th, 2013 at 11:56 PM
Criminal Defense Attorney serving Alhambra, CA
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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. What is your status in the U.S. Are you a U.S. citizen, legal permanent resident or illegal?
Answered on Apr 02nd, 2013 at 12:26 AM
I strongly recommend an appointment with a competent and experienced immigration attorney. He may be indefinitely banned from lawful immigration due to his repeated attempts to enter the U.S. without a visa, but more investigation is needed. If he is banned, he may have to wait upwards of ten years to have the chance for you to petition him. You need to get someone who can carefully review the situation to determine whether he will be charged with unlawful re-entry, have a previous removal order reinstated, or somehow avoided that situation due to the past discretion of CBP Officials at the border. Good luck. The above is general information, not legal advice, and does not create an attorney client relationship.
Answered on Apr 01st, 2013 at 11:13 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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I am sorry to hear of this situation. If your husband gets caught again, they can put in him federal prison for ten years. So first of all, he needs to stop doing this. Next, you need to see a competent immigration attorney in your area to review his case and to see if there is anything that can be done. DO NOT have him attempt entry again- as this is really going to put him in a worse situation. I wish you the best of luck.
Answered on Apr 01st, 2013 at 9:31 PM
You need to have an attorney to see if he qualifies for bond, and defenses against removal. If he was "caught" at the border, usually, he is subject to expedited removal unless he has a valid asylum claim.
Answered on Apr 01st, 2013 at 9:04 PM