More details to this question:
My husband had a final order of removal issued in 1997 when he was 15 years old. He was released to his uncle and the NTA was sent to his uncle who never took him or even let him know he had to go to court. He had no idea he had a deportation order against him until we filed an I-130 and it showed up on his background check. Since 1997 when he was picked up he has had TPS given to him. ICE has picked him up and he has been detained for 3 weeks now. We are now in the process of filing a Motion to reopen. He has been in the US for 16 years and has a US citizen child he pays support to, he owns 3 businesses that he pays taxes on. He has been in the US more than half his life. Sending him back would be like sending him to a foreign country. I really need to know what are his chances? And if things don't go well what are my options?
3 ANSWERS
Immigration Law Attorney serving Fullerton, CA
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Hart Immigration, A Professional Law Corporation
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You need competent representation. You should not do this yourselves.
Answered on Sep 10th, 2013 at 2:48 AM
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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From the details a you have provided, your husband's situation appears fairly sympathetic, especially because of his age when he received the in absentia order of removal and that the uncle who received the NTA never let him know that he had to go to court. The other factors of him being in the US for 16 years, having a US citizen child, and owning three businesses that he pays taxes on are relevant factors that ICE looks at in determining whether to release an individual. If things do not go well and he remains detained, he could look forward to the resolution in Congress of the comprehensive immigration reform debate. If the House of Representatives ultimately decides to pass a version like the Senate bill S.744, your husband would benefit. If he is removed and you are a U.S. citizen, you could petition for him and he could ultimately file waiver applications for the removal and illegal presence in the country.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 Sep 09th, 2013 at 7:40 AM
2 Awards
Do you already have an attorney representing you?
Answered on Sep 07th, 2013 at 12:47 AM