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Immigration Issues/ice hold -mother is us citizen

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QUESTION: My husband is to be released from prision tomorrow-(drug charges)after 8 years. His mother is a us citizen and he is merried to a us citizen. He has an ice hold on him. Voluntary deported years ago. Can he fight to stay in the u.s. Is there any hope?

ANSWER: Not with a drug conviction. If he was given voluntary departure years ago and never left, they will not even give him a new hearing. He is not going free tomorrow - just going to be picked up by Immigration.

Regards,

Robert

---------- FOLLOW-UP ----------

QUESTION: Even if his mother is a U.s born citizen.
Can she apply for him to stay here? when he had voluntary deportation he did leave for 2 years then reentered. Will he be given a hearing by ins? and can we be there for the hearing?

Answer
Because of the drug conviction, he is not eligible for relief. Since he left but not for the required 5 years, he may or may not be given anew hearing, but ultimately he is not eligible for anything - even if both parents spouse and 50 kids are citizens.

Regards,

Robert

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