Q: Hi My cousin was detained by imigration last week, he has been here for about 20 years now.
My Cousin was involve in a domestic violance case two weeks ago.
He got out and was supposed to go to court the following week, such thing he went to the court that day but immigration was waiting for him in the parking lot. Now he is detained and we just dont know what to do. We are looking for consulation to hire somebody who can help us. I do know my cousing and i dont believed the charges. Also my cousing said he never hit his girlfriend but he did pushed her after she woke him up with a cold bucket of water. MY cousing have a little boy with this girl and have two other girls with a different girl, such thing that he have been paying to support the two girls. Also his exgirlfriend said she doesnt belevied he hit his girlfriend. please give us a advice to do what we can so he can get out or if there is nithing to do to keep him here well at least we are trying. We dont know anything about immigration laws so thats why we need your help. thank you
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A: Your cousin could be deported,and what his ex-girlfriend believes is totally irrelevant. Your cousin needs to first retain an experienced NY divorce attorney with extensive domestic violence trial experience, since not having a permanent restraining order against him would be the best solution. Then your cousin should retain the best immigration attorney that he can afford. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
Carl Shusterman agrees with this answer
A:
Is your cousin a lawful permanent resident of the United States?
As the applicant, it is your burden of proof to demonstrate that you are eligible and deserve cancellation of removal for lawful permanent residents. You have to prove that you:
have been a lawful permanent resident of the U.S. for at least five years at the time that the application is filed
have continually resided in the U.S. for at least seven years after being admitted in any status and before the “stop-time rule” is triggered
have not been convicted of an aggravated felony
have not received cancellation of removal or 212(c) relief in the past, and
as a matter of discretion, deserve to win your case.
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