Covington, VA asked in Immigration Law for Virginia

Q: My boyfriend/fiance is being detained. Do we have a chance of avoiding deportation?

My boyfriend came here January 2006 on a work visa. He had an order of removal in 2011. I'm not sure if he was aware of this at the time. He had a Dui in WV on 5/5/13. He was just convicted of another DUI and destruction of property(misdeamenor) on 10/13/16. He had a 48 hour sentence and was taken into ICE custody while serving his sentence. He has a daughter and we were going to get married before all of this after he got a new passport. What can we do? Do we even have a chance?

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1 Lawyer Answer
Gary D. Godman
Gary D. Godman
Answered
  • Stafford, VA
  • Licensed in Virginia

A: He may have some options, but the process is going to move quickly because of his misdemeanor record and prior removal order. You need to contact an immigration attorney to review his case, especially the circumstances around his 2011 removal order and whether that can be rescinded. An important question will be why he was ordered removed and if he was properly served with paperwork for that removal. If there are few immigration attorneys in your area, note that many immigration attorneys, including those in our office, can provide initial consultations over the phone. Good luck to you.

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