Q: My husb is an illgal frm FR; in ICE cstdy; in remvl prcdngs; I-130 filed. Can prcdngs be stopped and he be releasd? How?
Trying to terminate proceedings or obtain lawful permanent residency or other relief from removal in court proceedings is a complex process involving a number of issues and factors too detailed to discuss in an on-line forum. For example, factors that would be relevant include (among many others) the length of time your husband has been in the U.S., how he entered, whether he ever left and returned to the U.S. after the original entry and when/how he left and returned, any prior deportation/removal history, any prior criminal history, etc. etc. etc. For these reasons and because of the considerable impact to both of your lives if he is removed (deported), I would encourage you to seek the counsel of a licensed, experienced immigration attorney if at all possible. Although consulting with an attorney does not obligate you to hire him/her, if you qualify for assistance from certain organizations, they may be willing to offer a consultation and/or representation at a reduced fee or pro bono. A list is available at http://www.justice.gov/eoir/probono/states.htm Also, many of us immigration attorneys will make arrangements for telephone or Skype consultation if needed. Do be careful of unlicensed notaries and consultants who are not qualified to represent anyone in court proceedings and who, unfortunately, do not always operate either legally or ethically.
Best wishes, Jennifer
Some will depend how he entered the U.S., whether the marriage is bona-fide and whether you are doing an adjustment in Court.
It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States.
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