Legal Question in Immigration Law in West Virginia

My husband is an immigrant who was arrested. They dismissed all charges but he still must face Immigration and Removal Proccedings. To my understanding my husband and I can fill a relief that would keep him here in America. (being married to me a US citizen and we are expecting our child in October). I need to know the EXACT application we need to fill when the time comes, and I would also like to know how to get my husband bonded from immigration. He has no family ties in Mexico and he would not be any flight risk. but I do not know who to ask, when to ask, and how to ask about a bond for him.


Asked on 9/05/09, 11:23 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Because he is in ICE federal detantion, he will go in front of the Immigration Judge.

He has an option to request a bond hearing and ask judge to set a bond. In the situation as this (US citizen wife expecting a baby), there is a chance that he can be granted bond and allowed to wait for the next Immigration court hearing at home.

There is no easy way to file anything with the USCIS now, when he is in ICE custody and in jurisdiction of the Immigratino court. Before filing any immigration applications, you shall discuss your husband's specific situation and eligibility with a qualified lawyer in private.

If you want to help your husband, you shall hire him a qualified immigration lawyer who specializes in deportation or removal defense in your State.

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Answered on 9/10/09, 2:03 pm


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