Immigration Issues/Removing a USCIS/ICE Hold
My husband is from Belize. His criminal record is as follows: 1998 convicted of discharging a firearm within city limits, 2002 corporal injury:spouse, 2003 violation of restraining order and 1/19/06 violation of parole/INS unit
On 4/6/2005 he was deported back to his country under a USINS detainer #... and had illegally re-entered the US. On 1/19/06 he was arrested by LAPD, where he was automatically placed on a parole hold and USINS hold, making that 2 holds.
He is rehabilitated and has been a productive person in society. Unfortunately, upon visiting family, he was picked up in an LAPD sweep conducted after a raid was carried out on a home across the street from his relatives. My husband was outside, arriving to his family's residence when he, and a number of others were told to get down on the ground and place their hands on their heads. He cooperated and was taken to the police station for questioning. Upon running his identity through the system, they arrested him; as the computer had automatically violated him and his status became "Parolee at large". They formally booked him and a week later was handed over to the L.A. county jail. 32 days later, he was given 4 months in the county jail by the board of parole for violating his parole, but still has another hold.
After 10 years of being together, we married. Will our marriage make any difference in the prevention of deportation? We have 2 daughters, 7 and 4 y.o. in common, and I can attest to his rehabilitation. He has displayed exemplary behavior and actually has goals and aspirations, and he has been more than helpful to me and his extended family. My daughters need their father, and they love him dearly; as do I. One moment he is in their lives, and the next moment he is ripped away from them. It's very emotionally trying for us, we've been very sad. What can I do about this, I cannot afford a lawyer- not even a cheap one- should I discuss further with his public defender? Are they even given one during INS proceedings? I'm at a loss...
Not a day goes by that I don't encounter a situation like yours and just shake my head. Your 'husband' is a prior deport criminal alien. He is not entitled to be here, whether he is married to you or not. If he was in my district, he would be prosecuted as a prior deport under 8 USC 1326. Your husband made some stupid choices and you did as well marrying him with a record you knew about, particularly the domestic violence. A far as your comment about being "ripped away"...no one to blame but him, he committed the crime. Criminal aliens are NOT wanted in the US. Get a divorce and get on with your life...or you can move to Belize.