what can i do??

[Tammylatina]

my boyfriend was stopped today by the local sheriff. he was driving w/out a license and he is here illegally.. he was in possesion of a fake soc. sec. card which he never used, but he did have it.. and now they have him in jail with a 10,000 dollar bail and a detainer from ins. he has never been in trouble w/ the law in either countries. and he is to me the best guy i have ever met.. the last place he deserves to be is in jail.. he is way to good of a person for that and he doesn't do anything wrong.. is this right and what can i do?? he has a very good job which he has been at for 3 yrs and i don't know what i can do but i know i need to do something so he can get out of jail.. PLEASE HELP.. thank u very much

[egonzalez1975]

I would first get a lawyer? Some friends of my husbands were part of a raid at their job and when they were put in an ins hold the attorney was able to get their bond decreased and they were released. My understanding is that they had a court date and the attorney has been able to postpone it for quite a while.

And, have you started the process to get him legal yet? If not then I would go ahead and start that as soon as you can.

[maru1979]

Definetly talk to a lawyer....I heard in the news about how the lawyers are realy helping to lower the bail amounts..... especially if he has family that depends on him financially.... best of luck!

[Tammylatina]

how do i start the process of getting him legal?

[Laura]

Tammy, essentially, you will have to marry him in order to eventually have him legalized.

You can file the I-129F fiance visa petition, and probably wait about 6 months for an interview (check out the timelines area of the forum). I am assuming he is from Mexico, so if that is incorrect, please correct me.

Once you receive the fiance visa packet, he will need to go to the U.S. Consulate in Ciudad Juarez for a visa interview. Because he was here illegally, he will be denied the visa and told he can file a waiver (well, hopefully). Because CDJ is running a special pilot program, you will be allowed to make an Infopass appointment to file the waiver and have it either immediately approved or put into the backlog.

The thing is, none of this really effects the fact that he is currently in jail and really has no right to be here legally. Filing these petitions will not get him out of jail, and will probably not effect the fact that he will be deported. Yes, you can hire a lawyer, but all that will really do is possibly get him out of jail (which will cost a lot of money, both for the bail and for the lawyer) and possibly allow him to have a voluntary departure rather than being formally removed/deported. A deportation will complicate your waiver case if/when you file the fiance petition. Basically, you will need to have a stronger hardship case in order to be approved.

I'm really sorry about your situation, but you basically have to decide if you want to marry your boyfriend, and if so, if you want to pursue a lawyer to help get him out of jail and to get VD (he'll have to return to Mexico or wherever either way). If you file the fiance petition and it is approved and then your waiver is approved in CDJ right away, you will have to get married 90 days from the time he re-enters the US and then file for adjustment of status.

I hope this helps. You may want to read some more information in the I-601 waivers section, as you will have to file one of these, and there are some people around who have dealt with deportations as well.

[Tammylatina]

wow this stuff is so confusing. i never in a million years thought i would be going thru this. i'm going out of my mind... my poor miguel doesn't need this stuff.. he is one of the best people i have ever met in my whole life.. besides the fact that he is in a little town in upstate ny working 80 hrs a week. why do i feel so helpless?? the crazy thing is we have been talking for weeks about me going to mexico w/ him and marrying.. i know thats the easiest way.. sometimes thats the best way.. thank you for all the advice i appreciate it.. i feel a lil bit better.. now i just have to wait.. i get to go see him in the county jail tomorrow. this is killing me because i want to take his place.. and i know in my heart that there will never be another man that could take his place in my heart..

[gabytalbert]

Have you bailed him out of jail yet?