Q: My husband has a immagration hold and is married to a American citizen how do i get the immagration hold lifted
He is currently in jail
A: You need to hire an immigration attorney who can file a motion for an immigration bond once any criminal bond is handled. He will most likely be referred to immigration court for removal proceedings. An immigration attorney can determine whether he is eligible to file any applications to remain in the U.S.
A: Whether your husband is eligible to get the hold lifted or for bond depends on facts that you have not offered. The hold means that he will be deported without the right to see a judge first or he does have a right to see a judge to defend against removal. What needs to be done or can be done depends on the situation. I suggest you contact an experienced immigration attorney.
A: Consult with a competent immigration attorney. Sometimes if there is an ICE hold on the individual at the criminal detention facility, it may be wise to NOT pay the bond set by the criminal court judge in connection with the criminal case. Doing so could hasten when ICE takes the individual. If ICE refuses to set an immigration bond or release him on his own recognizance, then he may be transferred to an immigration detention facility far from where he and his family live normally. It is sometimes easier for the immigration attorney to access the client while he remains in criminal custody and gives the attorney more time to prepare for what is likely a removal (deportation) case to come. Consult with an experienced, competent immigration attorney.
Ms Grace I Gardiner agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.