What can we keep my fiancé in the US if he has been sent to county jail and has an immigration hold?
Asked on Jan 25th, 2011 on Immigration - California
More details to this question:
My fiancee is in county jail. We have two children and immigration has a hold on him and we really need him home, can you please help him, he had a visa but it had recently expired and now they are taking him and we may never see him again, please help us!
You may contact me to arrange a consultation on his case; I will need the details of why he was picked up and. Any immigration papers he may have. There are some options but we would need to explore the details with him in order to properly advise either of you. What is your status? What is his status? We do charge for consultations but any fees paid for the consult would then be a credit toward the fees for his case.
The only option would likely be you have to get married. If you are married you can petition him and since he did enter with a visa he would able to apply for his Green Card in the U.S. The situation is made difficult by the fact that he has an USCIS hold on him which means that he would likely be in custody during the process. The process will take at least 6 months. Also, depending on the nature of his criminal conviction he could be inadmissible to the U.S and would need a waiver.
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