Husband Was Arrested

[Anh map 2,098]

thanks... from what i understand...i can only apply for EAD once? is this true?

No, as long as you have legal status in the US you can apply for it repeatedly. But you are out of status, so there is no need for you to spend the money for the filing only to be denied.

[DouglasFiel 53]

I suggest you contact your Congressman and/or Senator. They may be able to assist,,, or at least point you to an organization

that is in a position to help. There is pro-bono legal help in many cities. In addition, turn to the church,,, they may be able

to assist as well.

You may very well be able to stay and work things out,,, but, you have to fight for it.

Regards,

dc

[Darnell 8,478]

You and your husband will need to find a joint sponsor for the adjustment of status petition.

Yup Yup - that's the big thing, really.

to the OP - YOU can fill out all of the paperwork, but some of this stuff needs his signature.

Start practicing this week, and start contacting his relatives about being a co-sponser for the I-864.

[canadian_wife 1,791]

What was he arrested for? Has there been a trial yet?

In the US, we don't arrest people and keep them in jail forever. Prepare the paperwork and if he gets released, send it as soon as he signs it

Have you been able to contact him at all?

Good luck

[Sveta & Ron 23]

in a case as this i feel maybe call welfare office as from what i read not your fault husband not able provide for you but please do not do as most people in ga, tx and fla and abuse the system

[Udella&Wiz 325]

in a case as this i feel maybe call welfare office as from what i read not your fault husband not able provide for you but please do not do as most people in ga, tx and fla and abuse the system

She cannot legally apply for means tested benefits (ie welfare)as an sponsored immigrant, on top of being out of status.

[LIFE'SJOURNEY 970]

Right now if he is in jail, she will not be able to obtain his signature on any documents. That is the law, now when he is released they can sign any thing until their heart content.

Now, she may be able to get a lawyer to take the papers and obtain his signature, but the lawyer does know this is illegal for him to do this. Unless, the same lawyer is working on his criminal case is working on her immigration case.

[aayitrun 66]

i think this is a bit blown out of proportion.

approach this step by step:

1. do u have resources to continue living?

2. do u have another sponsor (like ur husbands parents or ur own relatives here)?

3. do u have money to file AOS?

if the answer to those is yes, then you can file for AOS. there is nothing on the instructions that say that a person in jail cannot sign relevant forms. you will have to go through the procedure that the jail has for meeting ur husband and getting him to sign the forms he needs to, and write a detailed explanation in your application of why you have special circumstances for the interview. both the uscis and the correctional system are us government systems and there is no reason why they cant work together. in the cases where the USC is severly ill and unable to come to the interview uscis has either sent out an officer or even waived the interview. im sure this is a similar condition.

if you have answered yes to the above questions, please consult a good immigration attorney.

if you answered no, then it might be best to go home right now.

[Gary and Alla 3,694]

You have your answers there really is nothing more to it. File AOS and beg or borrow the money to do so, or buy a ticket home and wait there for your husband to be released and he can file an I-130 for you.

I have four sons, two are married, if one of them was put in jail, we would make sure his fmily is cared for. I would not be happy about it (who would?) but parents (or siblings) ultimately are the answer in this case. Contact them. Yes, you may have to move out of state. No one else, no organization, is going to have the resources to support you for the time you need.

An attorney can be hired to represent your husband in any interview and this would be one of the rare cases an attorney could actually do something worth their money

[LIFE'SJOURNEY 970]

i think this is a bit blown out of proportion.

approach this step by step:

1. do u have resources to continue living?

2. do u have another sponsor (like ur husbands parents or ur own relatives here)?

3. do u have money to file AOS?

if the answer to those is yes, then you can file for AOS. there is nothing on the instructions that say that a person in jail cannot sign relevant forms. you will have to go through the procedure that the jail has for meeting ur husband and getting him to sign the forms he needs to, and write a detailed explanation in your application of why you have special circumstances for the interview. both the uscis and the correctional system are us government systems and there is no reason why they cant work together. in the cases where the USC is severly ill and unable to come to the interview uscis has either sent out an officer or even waived the interview. im sure this is a similar condition.

if you have answered yes to the above questions, please consult a good immigration attorney.

if you answered no, then it might be best to go home right now.

She will have to get the jail approval for her husband to sign any documents it will be up to the Director of that jail. She cannot bring any documents into the jail without the Directors approval.

Since he is incarcerate, he is not allowed to sign any documents unless the Director of the jail approve it.

I work very closely with ICE and many other agencies that incarcerate people, I am quite aware of what I have responded to this OP. If she wishes to file the AOS without his signature I have no comment on that, but to have her waiting to obtain his signature that is another story.

Edited May 3, 2012 by LIFE'SJOURNEY

[aayitrun 66]

She will have to get the jail approval for her husband to sign any documents it will be up to the Director of that jail. She can not bring any documents into the jail without the Directors approval.

I just checked, there are notary services that specialize in getting inmate signatures and notarizing them. There is no law against signing stuff from jail.

many people sign for divorce, bankruptcy etc. from jail. this is no different. unless he constantly gets into fights at jail and is denied for this (highly unlikely) he should be able to sign.

Edited May 3, 2012 by aayitrun

[LIFE'SJOURNEY 970]

I just checked, there are notary services that specialize in getting inmate signatures and notarizing them. There is no law against signing stuff from jail.

many people sign for divorce, bankruptcy etc. from jail. this is no different. unless he constantly gets into fights at jail and is denied for this (highly unlikely) he should be able to sign.

These notary companys have a legal contract with the jail regarding what they can present and what they cannot present. The Director of the jail gives them their direction.

[aayitrun 66]

These notary companys have a legal contract with the jail regarding what they can present and what they cannot present. The Director of the jail gives them their direction.

please provide a link that says that. wardens of correctional facilities are not judges or the senate. they dont make laws, they simply enforce them. most inmates are allowed to sign legal stuff in jail.

here is an example of a mobile notary that does inmate notarization.

http://performancenotary.net/jailnotaryservice.nxg

they have legal contracts with the jail yes, but the discretion is not arbitrary based on the whims of the warden.

unless you have concrete knowledge of the process, please refrain from confusing the poor woman further.

Edited May 3, 2012 by aayitrun

[Thomas&Cleofe 358]

Here is the number of the nearest philippine consulate office to you. 202-567-9300 email: phembassyusa@aol.com

call them or email them and see if they can help you

Thomas & Cleofe

[LIFE'SJOURNEY 970]

please provide a link that says that. wardens of correctional facilities are not judges or the senate. they dont make laws, they simply enforce them. most inmates are allowed to sign legal stuff in jail.

here is an example of a mobile notary that does inmate notarization.

http://performancenotary.net/jailnotaryservice.nxg

they have legal contracts with the jail yes, but the discretion is not arbitrary based on the whims of the warden.

unless you have concrete knowledge of the process, please refrain from confusing the poor woman further.

Well you know this person can follow your direction and when she gets tied up between trying to get a piece of paper into the jail without the Directors approval, then she can say if I had only known the hassle that would have been. When was the last time you took anything into a jail house to an imate without approval?