West Palm Beach, FL asked in Immigration Law for Florida

Q: my husband has a ICE hold.he illegally reentered in the U S after being deported.he is seeking Asylum can he get bond?

im a U S citizen and we are married with children together. my husband fled from Haiti. he was in hiding for months there. due to the corruption with the Policital war. he suffered life threating, turture, unthinkable abuse,lost of 30 pounds from starvation and thirst during his hide out. he is very ill right now with a rash covering his body and really needs to see a doctor. he was deported in April of 2018. due to him taking a plea bargan for a charge of cashing a bad check in 2001. he filed several waivers,motions,and appeals they where all denied. he has a final placed on him in 2008 was asked to voluntary leave within 180 days. he didnt. he just kelp trying to fight with appeals. a I130 was filed and got approved in 2012. we meet in 2014 got married in April 20th 2017. Nov 2017 ICE knock on the door for my husband. he got a lawyer filed a stay of removal. he went into local ICE office with lawyer and got detained and got deported April 2018.he was brought to US at the age of 7.

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2 Lawyer Answers
Kelli Y. Allen
Kelli Y. Allen
  • Immigration Law Lawyer
  • Charlotte, NC

A: You need to retain an immigration attorney for a full analysis of his case Since he already has a final order of removal, ICE can act very quickly to re-execute that order so you need to involve an attorney immediately to have any chance of keeping him in the U.S. to file for asylum. It is very unlikely that he would able to get an immigration bond. Also, based on the facts you presented, he likely has a permanent bar and would be unable to use the approved I-130.

Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: I agree. Justia is not the place to find a solution to his situation. Yet, it seems that he may have fallen victim to his own excesses. If not, then to questionable lawyering and impatience.

It will be important for you to find an appropriate attorney, who can take the time to evaluate and explain ‘all’ of your options. Otherwise, you may spend a lot more money in vain.

Some find it difficult to advocate for change in a nation that seems indifferent. Most Americans are ignorant of the frustration and inequities of the immigration legal system as legislated by Congress and signed by Presidents.

Justice must be blind to our morally bankrupt immigration laws. That is, the Constitution’s Alienage Clause allows for an extremely inequitable system, so Congress must show restraint when it enacts unconscionable laws. Otherwise, Americans can destroy their democracy.

The fact is that your husband likely disqualified himself from DACA, when facts developed that resulted in his arrest, plea bargain, conviction, detention, and eventual deportation.

It is unlikely that the U. S. Immigration laws will help him. If you love him, and wish to be with him, then you should consider emigration to Haiti. Yet, find an attorney who knows enough to explain all of your options. Make the best decision for you and your husband in this period of political indifference.

I strongly recommend an appointment with a competent, ethical and experienced immigration attorney before there is more frustration. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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