My fiancé is being held in immigration custody, because he was found here illegally. He will need help in court.
Whether your fiance will be able to remain in the U.S. and legalize his status depends on whether his immediate family e.g., spouse, parent or adult child have or will petition for him and their status, e.g., Legal resident versus US citizen. In addition, his particular factors may play role e.g., his age when he entered the U.S., whether he owns business or property, family ties, etc. He should not sign anything with ICE until he has consulted with an immigration attorney to first determine what reliefs, if any, he has under the US immigration laws because once deported, he should be barred for 10 years before he can seek to re-enter legally.
You will need to consult with an immigration attorney to determine if there is relief available and a way for him to fight his deportation. If you get married, and you are a citizen or permanent resident, it is possible that the relationship to you may provide a way to fight his case.
You should speak to an immigration attorney immediately. I would need additional information about the situation to determine what relief your fiance could seek before the Immigration Court. However, your fiance may be eligible to be released from detention on bond as well as other relief that could allow him to stay here. It is important to obtain representation for him as soon as possible.
If ICE did not set a bond when he was detained or release him under other circumstances, he must request a bond from an immigration judge. His eligibility for a bond and the amount of any bond will depend largely on any criminal record he may have, whether he has previously been in immigration court proceedings, and whether he is eligible for any defenses to removal (deportation) now. In some jurisdictions he will be brought before an immigration judge within a matter of days if he requests it (with or without lawyer). In some of the busiest courts it may be a few weeks before he sees a judge. A lawyer may expedite the scheduling of a bond hearing by written motion.
Tell him not to sign anything without first speaking with an immigration attorney on his options. Does he have any criminal matter pending as well? Are you a U.S. citizen? Do you plan to get married? Does he have any U.S. citizen children or other PR or citizen relatives. How long has he been here? Is he in college? He needs to retain an immigration attorney to go see him in custody and discuss these and other issues with him and then negotiate on his behalf with the ICE Officer and represent him in front of the Judge if necessary.
I suggest that you employ an experienced immigration lawyer to help your fiance. Lonnie Hank Robin Attorney at Law Post Office Box 17400 900 Monroe Street * Suite 400 Fort Worth TX 76102-0400 Phone 817-870-1450 Fax 817-870-1463 Email - firstname.lastname@example.org Website - www.lonnierobin.com ATTENTION: All foreign nationals (including permanent residents and children) are required to report address changes to the USCIS by completing and mailing Form AR-11. The form can be obtained from the USCIS website at: http://www.uscis.gov/graphics/formsfee/forms/ar-11.htm.
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