Legal Question in Immigration Law in Georgia

My husband is being held for removal. I am an American born citizen, we have been married for 8 yrs and lived together 3 yrs prior to being married. I was researching what we can do to STOP these proceeding when I read that just by being married could keep him in the country, I need to know what we need to file to stop this process. We are in a financial bind so I am dong as much of the research and filing as I can on my own. As he has been in custody for the last 2yrs, I have been having to make do with the little income I make. With that said we / I know that we will have to pay to have help with this situation. If you could please point me in the right direction, as time is running out. Our only other option is for me to relocate to Mexico and in the state that it is in I do fear for both or lives. He has not lived in Mexico since he was 3 and has no family there. We would be on the street.


Asked on 4/14/10, 9:22 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

If your husband has been in custody (I assume in immigration custody) for the past 2 years, the best you can do is to hire a local immigration attorney who specializes in removal defense. You can't help him by yourself. A lawyer on this forum can't point you in the right deriction because it's not clear from your post why he is being detained, what is his possible basis for relief, is he deportable and inadmissible, his criminal record, etc.

Being married to a USA citizen by itself will not help him to stay in the country, and is not enough to stop removal proceedings. If he came to USA illegally without a visa -- then it's most likely that he will be either deported or granted 'voluntary departure' (if eligible) and will have to go abroad. A visa can be denied, and a hardship waiver requested. All these different immigration legal processes are very complex, case-specific and require long preparation. It's advisable to have a good attorney. In alternative, you can try to contact local non-profit free legal aid organizations. All the best!

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Answered on 4/20/10, 11:38 am


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