Hello, my husband is beening held in the immigration jail, in AZ. He has a APPROVED I130 from 2002. I was born in the usa ca. He came illegally from Mexico in 2001. and we got married in jan of 2002. we have 3 children together and i need help on helping he not get deported. He has a spousal abuse charge, he was under the influence of alcohol. If you could help in anyway that would be a prayer come true. we have a 9 year old boy who has to get surgey done in coming years and already has had two done. he was born with a clif lip and gum, and we have a 6 years old girl and i just had a baby girl whos 1 1/2 months. I don't have a job anymore due to job cuts. I need my husband home. PLEASE HELP... THANK YOU AND GOD BLESS.



Phil's picture

Gaining Residence After Illegal Entry

Hi there, thank you for posting your question. Unfortunately, your husband is in a very difficult situation and there probably isn't going to be any good solution for him. He has several issues. First, he entered the U.S. illegal which means he cannot adjust his status. Secondly, he remained in the U.S. for several years so he has accumulated sufficient unlawful presence to be barred from returning for 10 years. Finally, he is now in removal proceedings and has been charged with a crime. The best thing you can do in this situation is hire a good immigration attorney in your area who specializes in deportation and removal. There is probably nothing the attorney will be able to do to keep your husband in the U.S. but it is still important that he have representation to minimize the impact the proceedings could have on his chances to return to the U.S. lawfully in the future.

just thinking.....

what if they prove that it is an extreme hardship for his family - US citizens? Cannot be a relief or withholding of removal granted?

Phil's picture

I do not handle deportation

I do not handle deportation and removal cases but cancellation of removal is a form of relief that may be available to your husband. This can only be granted to 4,000 people each year and the standard to obtain this relief is pretty high. In addition to having to show exceptional and extremely unusual hardship to you, he also has to show continuous presence in the U.S. for at least 10 years and good moral character for 10 years. This relief is very hard to obtain and may be nearly impossible in light of the arrest for domestic violence. You need to consult with an experienced deportation attorney.

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