Question about ICE and Master Court Hearing (merged threads)

[MrsDacres 0]

I hope I'm in the right forum but here's my story. I am an American born citizen. My husband is from Jamaica. He came here in 2006 on a work visa. He was married once before in 2007 but after he caught a case and was sent to jail, his wife divorced him. We have been married since 2014 and we gave almost 3000$ to this lawyer who still hasn't helped us with his citizenship papers. To fast forward. He got locked up in county jail and now ICE has him an an immigration jail. He goes for his master hearing next week and I want to know what does that involve? Will they try to deport him? We are married, have kids, and I don't know what I will do without him. We are hoping they give him a bond. He will have our marriage license and our children's bc.. Plus I am going to type a letter to the judge. Some bad things are. He caught a felony gun charge back in Texas in like 08. He has served his time and all we want to do Is get him right so we can move on with our lives. Anybody know about this? Any input or advice is appreciated. Thanks

[Pitaya 2,576]

~Moved from USC General Discussion to General Immigration-related Discussion~

~This is likely a more suitable discussion forum~

[NigeriaorBust 4,087]

Given the prior gun charge and the current unknown issue it seems like a hard issue to make any hardship that will overcome his bad behavior. Did her ever get a green card? If he has never held a green card there is no path to citizenship;.

[MrsDacres 0]

He has had a green card from a previous marriage. He got married in 2007 and divorced in 2010. He got arrested and she never applied for the 10 year.

[Penguin_ie 5,985]

So he never removed conditions from a conditional 2 year greencard?

Yeah that is not good.

I understand if you do not want to share, but can you tell us what the current charge is for? It will make a difference if he was just picked up for a speeding ticket, or if it is another felony, especially if it is a CMT (crime of moral turpitude, such as drugs).

[MrsDacres 0]

He was arrested in our town for contempt of court. He was sentenced to 18 days in county jail for non payment of fines. When he got sentenced that alerted ice and he had an ice charge for contempt. I guess he missed immigration court or something. While he was in jail in Texas he never got the notice to renew his visa because when he got out he moved to another county. So he never received the notice. Hope that makes sense

So he never removed conditions from a conditional 2 year greencard?

Yeah that is not good.

I understand if you do not want to share, but can you tell us what the current charge is for? It will make a difference if he was just picked up for a speeding ticket, or if it is another felony, especially if it is a CMT (crime of moral turpitude, such as drugs).

Please read previous reply

[MrsDacres 0]

My husband is detained in an ICE facility and he has his 1st court appearance/master hearing on May 3, 2016. He doesn't have a green card. Should I file an I130 or just wait to see what the judge says?

[NancyNguyen 1,657]

Time for attorney, it is not DIY anymore.

[Pinkrlion 2,607]

You need a very good lawyer as you are battling an immigration issue that began prior to your marriage. This issue is not resolvable because you got married in 2014. He did not remove conditions which should have occurred prior to his divorce in 2010. It is not his wife's responsibility to apply for his removal of conditions, it is his. So he will lose on that defense. He cannot apply for citizenship if he has not removed his conditions, so whatever a lawyer may have told you about that is wrong. So he is in deportation proceedings for that.

The next issue is the criminal act and the felony gun (weapons) charge which is an act that will also cause deportation proceedings.

If he is deported, be prepared to move to Jamaica. Otherwise, you will need very good legal representation and a lot of funds to pay for it.

[MrsDacres 0]

You need a very good lawyer as you are battling an immigration issue that began prior to your marriage. This issue is not resolvable because you got married in 2014. He did not remove conditions which should have occurred prior to his divorce in 2010. It is not his wife's responsibility to apply for his removal of conditions, it is his. So he will lose on that defense. He cannot apply for citizenship if he has not removed his conditions, so whatever a lawyer may have told you about that is wrong. So he is in deportation proceedings for that.

The next issue is the criminal act and the felony gun (weapons) charge which is an act that will also cause deportation proceedings.

If he is deported, be prepared to move to Jamaica. Otherwise, you will need very good legal representation and a lot of funds to pay for it.

I'm sorry. I'm new to this whole immigration terms. What do you mean by " removing conditions?" and what if he was incarcerated during that time?

[Jawaree 717]

Yes file the I 130 & get an atty to go to court (does he have CIMT) why is he in ICE how long he's been in the states

[MrsDacres 0]

Yes file the I 130 & get an atty to go to court (does he have CIMT) why is he in ICE how long he's been in the states

He is in ice because he or locked up for failure to pay fine and sentences to 18 days. When he got sentenced that alerted ice and when he got out of county jail. Immigration picked him up immediately. Do you think we have a good case since we have been married for over 2 years. We also have a kid together. He does have a weapons charge from 5 years ago before we got married. And he was married previously but got divorced in 2010. I am going crazy worried about deportation. Is it possible for the judge to give him a bond?

[NancyNguyen 1,657]

I'm sorry. I'm new to this whole immigration terms. What do you mean by " removing conditions?" and what if he was incarcerated during that time?

It doesn't matter anymore, he failed to show up in immigration court as you mentioned, deportation ordered. Please be prepared for the worst and money for legal battle. Good luck.

[Pinkrlion 2,607]

Removal of conditions is the process that grants the 10 year Green Card, and allows the petitioner to remain in the US beyond the initial 2 year green card. He could have still filed in jail. He had a lawyer. What year was he released from jail?

[E and R 8]

If it were me I would talk to an attorney ASAP. They could give you more accurate information on what should happen next. Part of what will be reviewed is what violations have occurred. I have not been in a similar situation as this but did work with an attorney starting out on the K1 visa process and he told me about the general process of any visas being granted.

One of things that is reviewed before any visa or change in status is given is whether or not if any violations of any kind have occurred with laws here and also with visa/immigration violations and if it is determined that there has been violations it is very difficult to get out of the ten year ban that is given to the petitioner. First comes deportation and then a mandatory ban from the country.

It's past the point of you being able to move forward on this on your own I would think. If it were me I would assume that a mandatory deportation and ban from reentry is coming. In any case. Most of us on here are not licensed immigration attorneys and at this point that is what you are going to need.