He has only been in the US for 7 years. He was serving time for his second DUI. Bond was denied at hearing by IJ, we are thinking about appealing. I-130 is now approved and we would like to file the waiver. Is there any way to have his deportation cancelled? Do we need to appeal the bond?
EWI-2007
Met-2008
Married-2012
Three Children
Hardship is capable due to personal injury and limited family, with possibly terminally ill family member
Filed I-130- Dec. 1, 2014
Incarcerated- Dec. 4, 2014
NTA, Bond Denied, 1st Master Calendar Hearing (continued)- 01/12/15
MC Hearing continued-01/27/15
1-130 Approved- 01/28/2015
MC Hearing-02/12/15???????????????
We have hired an immigration attorney before he was incarcerated. Unfortunately, due to their lack of effort put towards my husbands case, inability to communicate effectively and just out-right rudeness towards my husband, I was force to dismiss her. We have now retained a different attorney, however he has no appellate experience. So, if you are able to give any feedback other then to seek competent legal services it would be greatly appreciated. As much as I am comfortable that our current attorney is virtuous, I'm not sure if he is completely competent. If we have had followed all of his advice thus far then we would be in Mexico right now. However, no one could predict that our I-130 would be approved.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
You need to engage an immigration lawyer and as soon as possible. Removal proceedings are complicated and you will be hard pressed to hand it on your own.
The answer to "what next" is - hire an attorney. As Mr. Segal noted, deportation defense is complicated. Don't risk making mistakes handling the case on your own.
Hopefully you can prove a legitimate marriage, and can avoid your husband's deportation. The fact you have been married for a while and have children will certainly help.
You have a situation. Need to promptly seek expert counsel of a local immigration attorney having experience in removal proceedings. It is strongly recommended that it is not a DIY project.
Robert Louis BrownImmigration AttorneyCleveland, OH ·
Hire an immigration attorney as my colleagues recommend before the next Master Calendar hearing. The sooner the better prepared the attorney can be for the hearing. You may contact one directly on this website
Very sorry to hear of this. You should have had a lawyer at your first MC and Bond review. With 2 DUI's, it is imperative that you provide solid evidence of rehabilitation. You should hire an experienced immigration attorney immediately who has handled cases similar to this. A strategy that has been successful is to delay immigration court proceedings as long as possible, seek and pay for alcoholism rehab services in the jail, and then ask for a bond redetermination based on changed circumstances. If you have a sick family member, this equity may tip the balance. Good luck. You definitely need an attorney who can devote a lot of time to this. It won't be cheap.
It is hard to get a new bond hearing. You must show a material change in circumstances. (Like for instance, if his first conviction were amended to a reduced charge for example). It is even more difficult to win an appeal of an IJ's decision. Don't try to go this alone! Look up an lawyer.
