detention while pending??

[mandee3911]

I have a question, My husband is currently in jail for a 45 day misdemeanor sentence and has a detainer placed on him. He came with a visa, that expired in 05. The lawyer said we should file an I-130. My question is, if we do this, are they going to detain him the whole time it is pending or while he be on bail? And if he is detained and it gets approved, how we would we be able to finish the application (medical exam and whatnot) if he is being detained? Do the normally not detain them during this time? thanks

[Laura]

Bump!

I'm not sure that the I-130 will actually prevent him from being deported. It MIGHT, but there's no guarantee I don't think. If it does protect him he wouldn't be in immigration jail for that whole time, theoretically he would be released after the sentence is up for the misdemeanor and then just be living with you, but probably not good for him to work.

Where is he from?

[mandee3911]

mexico. That is what our lawyer told us to do because he is eligible to AOS because he came legally just expired. Also I've read that if he's eligible for a form of releif and his crimes don't fall under the AF or moral turpitude or anything that he should be giving a bond.

[Caribbeanman]

Alot of things go into determining if a person gets a bond... flight risk,joint accounts,family ties,assets such as a house etc..

[mike_2007]

well actually if didnt get caught at the border trying to sneak to the country then he will get a bond ...90% of all the times they do (exept arriving aliens) but it might be very high though ...i dont think he will be waiting all the processing time in immigration custody i really dont think so ,yes he can adjust if he entered legally and just over stayed ,,but this new charge might be an issue..

[Daniel Green]

I have a question, My husband is currently in jail for a 45 day misdemeanor sentence and has a detainer placed on him.

What has he been convicted of, in terms of statutory number?

The lawyer said we should file an I-130. My question is, if we do this, are they going to detain him the whole time it is pending or while he be on bail?

Your husband can ask for a bond hearing before an immigration judge. Caribbeanman discuss several relevant factors. The amount of bond and whether it will be granted depends in large part on your husband's conviction.

-Dan

[mandee3911]

misdemeanor hit and run with property damage, and it is concurrent with Driving without a license. The lawyer feels the only problem we might have is the misdemeanor but that we could probably call that a petty offense. She looked through the whole court file on that. She says probably could have a bail hearing within 3 weeks of his release to ICE.

[Daniel Green]

The petty offense exception is only for a first and only moral turpitude crime. If the hit and run is not a crime of moral turpitude, then the theft could squeak through as a petty offense exception.
-Dan

[mandee3911]

He doesn't have a theft

[Daniel Green]

He doesn't have a theft

Oops. Sorry I confused this thread with another. If the misdemeanor hit and run with property damage makes it throuh the petty offense exception and your client won't be subject to mandatory detention.

[Caribbeanman]

Daniel, from your experiences how long does it take on average to transfer an A file to a local office?

[Daniel Green]

I don't have statistics on that.

Off the top of my head, you will be looking at several weeks to several months, assuming a transfer from a service center to district office.

If you are dealing with a distirct like nyc, you could be looking at a year or more because files tend to vaporize due to the huge caseload there.

-Dan

[Caribbeanman]

Ok well it's from a district office to a local office..i was told about two weeks but just wanted to get your input...thanks