QUESTION
What can I do to keep my common law husband from getting deported back to his county?
Asked on Jul 17th, 2012 on Immigration - Utah
More details to this question:
my husband and i been together for 4 years and lived together the entire time and we have 2 children together. He has supported us the whole time and helped me raise my other 2 children that are not his. well he came to america in 2006 illegaly from el salvador at the age of 16 and got caught my immigration in harlington texas, they set a court date for him to go to court, he live in maryland but he never recieved the letter to go to court or anything. its been since july 8, 2012 wen he was with his friend and his friend failed to stop at a stop sign. they got pulled over by the police and they took him to ICE. by him not goin to court in 2006 they gave him a deportation order. Me being an american citizen and having 2 children with him we depend on him he works pays rent light etc... what is it that i can do to stop his deportation order?
6 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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To determine your husband's options we would need to speak with him and you. Is he in detention currently.
Answered on Jul 26th, 2012 at 2:01 PM
Immigration and Nationality Attorney serving Miami, FL
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CruzLaw PA
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See an attorney in your area immediately. You will likely have to get married. Common law marriage is not accepted under immigration law.
Answered on Jul 20th, 2012 at 9:01 PM
Appellate/Appeals Attorney serving Denver, CO
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Law Office of Michael P. Gianelli, LLC
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You need to retain an immigration attorney as soon as possible. It may be that the old deportation order was issued in your husband's absence and therefore if he did not receive proper notice you can move to re-open it.
Answered on Jul 20th, 2012 at 8:50 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If he didn't appear in court as scheduled in 2006, his options are very limited. You will probably need to get married and submit an I-130 petition on his behalf. It will take approximately 1 year or more for the paperwork to be processed and then his visa interview will be scheduled at the US consulate in El Salvador. His case is very complicated because he has multiple inadmissibility issues, so I recommend you hire an attorney to help you.
Answered on Jul 20th, 2012 at 8:03 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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You need to arrange an in-depth consultation with an immigration lawyer as soon as possible - this is far too complicated to address here! There are several possible answers, depending on additional facts. Basically, it is likely that if he never showed up for immigration court he has a deportation order. If that is the case, then he needs to request that that case be reopened to give him a chance to ask to seek legal status either through you or some other means. Having a deportation on his record will severely limit his future options, so please take this seriously and act quickly.
Answered on Jul 20th, 2012 at 7:47 PM
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It's important that you hire a talented immigration attorney as soon as possible. Missing a court date is problematic for his immigration status, but the fact he has a wife and children who are U.S. citizens that depend on him gives him some hope of avoiding removal.
Answered on Jul 20th, 2012 at 7:30 PM