Asked in Immigration Law for Florida

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

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3 Lawyer Answers

Kelli Y Allen

Answered
  • Immigration Law Lawyer
  • Charlotte, NC

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.

Kyndra Mulder

Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

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.

Kevin D. Slattery Esq.

Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

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

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