Need advice fast

[Angelia]

I wrote in almost a year ago on how to get my boyfriend of 8 years legal. I was pregnant at the time and couldn't proceed with paper work. I've recently went back to work to start the paper work. He was stopped by the local police today at 3:40pm. The ICE has been assigned to the jail for 2 weeks. The police informed me that I could pay the fine for no DL but they would have to hold him for 48 hours and if immigration hasn't picked him up by then he would be released. I know with ICE in the jail that he will be deported. Is it a quick deportation or does it take time? Will he be put in an immigration jail or deported back to Mexico fast? At this point is there anything I can do to help him. I looked for free immigration lawyers and the closest to where I'm at are 4 hours away. If I pay money for a lawyer will this help or will they still deport him. We have 2 kids togather a 4 year old and 9 month old. Any advice would be greatly appreciated.

[mady]

I am so sorry to hear this. I recently went through something very similar with my husband. In our case he was deported. It was about 5 days before he was deported from Immigration jail. He was taken from the county jail when the charges were dropped and he was booked in Immigration jail until he was deported. A lawyer might be able to help you get him released on bond and he can possibly adjust status in the US if you can prove the bar of hardship which is very hard to prove. You say he is your boyfriend I do not know anything about that process I was married to my husband when we started this whole process so I am sorry I dont even know in which direction to point you. I am sorry I could not be of any help. I wish the best in this extremely difficult time.

[leoshannon]

I am so sorry that you are going through this. I really don't know what you can do. Hopefully someone who can give you advice will chime in soon. If you don't mind me asking what did he go to jail for? I hope you get this all worked out soon. I would probably contact a lawyer A.S.A.P

[Angelia]

I call it racial profiling. But thats my opinion. Since immigration has been stationed at the jail for the week they are pulling Mexicans over left and right and drumming up reasons for stopping them. My opinion just because immigration is there. But they say he pulled onto a road without putting on turning signal He said he did but they have him for that and no driver license.

[leoshannon]

Oh my, I am so sorry so they pulled him over for no drivers license. I live in a small town and my husband used to get pulled over which I beleive too for racial profiling they have nothing better to do so now I don't let my husband drive it is just too risky.

[Angelia]

US if you can prove the bar of hardship which is very hard to prove
Well my Mom had a liver transplant in Nov. 06 and I've thought about moving to Mexico with him so we don't have to live like fugitives anymore. But I couldn't leave my Mom now she needs me. I also have a 16 year old from a different relationship I couldn't move her to another country she doesn't speak spanish still in school has always lived with me but still has relationship with her dad and his side of the family. So I couldn't do that to her. It makes me so so sad that he's treated like a criminal and he's a hard worker a good person who just wants to help his family here and in Mexico. My heart goes out to all illegals and there familys.
Edit:
I know we knew immigration was here and he knew he shouldn't be driving. He drove to work and let me sleep in today I work for 6pm to 6 am and have been staying awake to take him to work. Then I get back up at 11:30 am to take care of 9 mth old and 4 year old. He said he knew how tired I was he called me once and i was sound asleep so he drove his self to work and got caught coming home/

[Laura]

Hi Angelia,

It's pretty likely that he's going to be deported. It's probably best that he ask for voluntary departure so when you file to bring him back you won't need the waiver for deportation.

Then, you will want to read the guide in my signature. You can bring him back (assuming he hasn't entered the U.S. multiple times, doesn't have drug crimes, never falsely claimed USC-ship to enter the U.S.) but it will take some time.

Start researching the I-129F fiance visa as that will be the fastest means for him getting a visa interview in Mexico.

Welcome back and keep your head up.

[dianna832]

Did he EWI or did he enter via a visa??? This determines if he can adjust status through the immigration court or not. If in fact, he did EWI then I agree with Laura stating that its best for him to take a VD.

With either route that you are taking, please submitt the I-130 asap. The sooner the better..

[Angelia]

He entered illegally. Can he ask for voluary departure or will I have to get an attorney.
If he volunters do we have to purchase the plane ticket? Searching for attoneys now and don't have the money to hire the ones i've called. Lost at what to do next.

[Laura]

He should be able to ask for voluntary departure. You will have to pay for a plane ticket. There are a number of people around who have gotten VD - you could ask what they did. This part of the forum is underused though. Try asking in I-601 Mexico.

[christytorres]

good luck..hope it all works out..

[dianna832]

He doesn't need a lawyer to ask for VD... at his Master Hearing, he can ask the judge to grant it. Has he been in contact with you???

[asarr]

Hi,
It depends on his status, and what he is being charged for. Usually the Mexicans get deported quick. My friend's jail, they deport the Mexicans within a couple of weeks. Its sad and it sucks. The best thing to do is get a lawyer to defense him

[Cfloresgirl]

I just wanted to say I'm sorry you are having to deal with this...

[Amanda A]

Do what Laura said and tell him to ask for a volentary departure. He can go back to Mexico and you can file for a fiance visa. It's quicker that way!

[Angelia]

Thanks for all your help and advice. I haven't been able to talk to him yet. Trying to come up with money for a lawyer is difficult right now. They want money that I don't have at moment. A lot of scam artists wanting money to help. Saying I can marry him right now and they want deport him. Thanks to this site I knew that wasn't true. If it was that simple I would of did it a long time ago. I tried to tell a girl that I knew when she told me she paid 3500 to this lady. She was able to marry her boyfriend thats in jail now but I know it want stop him from being deported. I tried to tell her this before she paid the money. But her being desperate and wanting to help her boyfriend she choose not to believe me. She will see in time. I know my friend is not that only one that has fell for this scam. Sad how people will take advantage of you when your down.

[Kolken]

If he entered without inspection (snuck into the United States) he is not eligible to adjust his status (apply for his Green Card) inside the United States. To obtain voluntary departure your boyfriend must have a valid travel document, and the means (money to buy a ticket), as well as the intention to depart the United States within the period proscribed by the immigration judge. He can request up to 120 days to depart the United States.

He will be eligible for release from custody so long as he is not a risk of flight or a threat to the United States. This is assuming that he has no criminal convictions. If he does, he will be subject to mandatory detention and will be ineligible for release on bond. If they have set bond very high, or are holding him without bond you may request a bond redetermination hearing to get bond reduced.

Mind you, none of this will come into play unless he is turned over into immigration custody. When they start the deportation process they will serve him with a Form I-862, Notice to Appear. This is the charging document that sets forth the grounds for deportation. Once they have served him with this document they must file it with the Immigration Court. The deportation process can take many months to come to conclusion, and depends upon what Judge you are in front of, and how busy the Court is. In my jurisdiction it is not unusual that an individual may be in the U.S. for a year before they must voluntarily depart.

[saritaj14]

If he entered without inspection (snuck into the United States) he is not eligible to adjust his status (apply for his Green Card) inside the United States. To obtain voluntary departure your boyfriend must have a valid travel document, and the means (money to buy a ticket), as well as the intention to depart the United States within the period proscribed by the immigration judge. He can request up to 120 days to depart the United States.

He will be eligible for release from custody so long as he is not a risk of flight or a threat to the United States. This is assuming that he has no criminal convictions. If he does, he will be subject to mandatory detention and will be ineligible for release on bond. If they have set bond very high, or are holding him without bond you may request a bond redetermination hearing to get bond reduced.

Mind you, none of this will come into play unless he is turned over into immigration custody. When they start the deportation process they will serve him with a Form I-862, Notice to Appear. This is the charging document that sets forth the grounds for deportation. Once they have served him with this document they must file it with the Immigration Court. The deportation process can take many months to come to conclusion, and depends upon what Judge you are in front of, and how busy the Court is. In my jurisdiction it is not unusual that an individual may be in the U.S. for a year before they must voluntarily depart.

So, Kolken...you said that in order to get a vol. departure you would need to have a valid travel document. Does this mean anyone who is here undocumented should have a passport in case they were to be picked up by ICE? If you don't have a passport will you automatically be ineligible for a VD? Or can you get a VD and then in the 120 days (or whatever they give you) get your passport?

[Kolken]

So, Kolken...you said that in order to get a vol. departure you would need to have a valid travel document. Does this mean anyone who is here undocumented should have a passport in case they were to be picked up by ICE? If you don't have a passport will you automatically be ineligible for a VD? Or can you get a VD and then in the 120 days (or whatever they give you) get your passport?

For Mexicans/Canadians all you need is proof of your citizenship. Even if you don't have that, the respective governments in 99.9% of the cases will take you back under an order of removal.

That being said, some Immigration Judges are ball busters and will deny VD for lack of a valid travel doc.

It really depends on who you are in front of.

[saritaj14]

For Mexicans/Canadians all you need is proof of your citizenship. Even if you don't have that, the respective governments in 99.9% of the cases will take you back under an order of removal.

That being said, some Immigration Judges are ball busters and will deny VD for lack of a valid travel doc.

It really depends on who you are in front of.


Thanks, Kolken! I learned something new today!

[Angelia]

Would a attorney help speed up this process?

[Brisa6]

Make sure he asks for Voluntary Departure a deportation is harder to deal with.