Immigration Issues/ice hold -mother is us citizen
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.
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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?
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.