Husband arrested and now has ICE hold please help

[Farrahg424 0]

I understand about the 48 hour rule but has anyone heard of ICE having a hold on you and after your criminal court is completed and you are waiting for them to take you they just remove it for some reason? Why would they? Or this would not ever happen? My lawyer (which is a criminal/immigration lawyer) stated it depends on how his criminal case goes and based on his situation if they down his charge from a felony to a misdemeanor he would qualify for deferred action....would ice listen to that and maybe take off the hold? And not take him to Miami Khrome? I am an american citizen, married to him for ten years, 3 American children, he has been here since he was 15. Does ice take that into consideration if my attorney explains all this to the ice officer will they remove the hold and not take him to Khrome?

He was arrested for fraud which he worked with someone else's social security number like so many illegals do. My husband has never been in trouble before. Any thoughts?

[Cathi 5,610]

Yes, get a very experienced, reputable attorney. Stealing someone else's social security number is VERY Serious, especially if your husband claimed to be a US citizen. If he claimed to be a US citizen he will be banned for life with no appeal or waiver.

[Farrahg424 0]

No he doesn't have any status here but like I mentioned above, many illegals do this millions if they don't how do they work? Also, my attorney stated that it will be downed to a misdemeanor but what I want to ask everyone is the questions above about the ice hold.......

[Hypnos 6,576]

I've seen it happen (ICE holds removed), but not often.

If you can afford one, find a good attorney. If not, try posting over at http://immigrate2us.net as they are better at questions such as these.

[TBoneTX 43,057]

This topic is beyond the ability of most VJ members to help. You might scope www.immigrate2us.net for similar cases. Regardless, a matter this serious should be in the hands of an experienced attorney.

[Cathi 5,610]

No he doesn't have any status here but like I mentioned above, many illegals do this millions if they don't how do they work? Also, my attorney stated that it will be downed to a misdemeanor but what I want to ask everyone is the questions above about the ice hold.......

I never said he had any status here. I said if while using the social security number, if he claimed US citizenship while working he will have a lifetime ban with no appeal or waiver. If he checked the little box on a job application or at a bank, or anything else claiming to be a citizen.

[Cathi 5,610]

No he doesn't have any status here but like I mentioned above, many illegals do this millions if they don't how do they work? Also, my attorney stated that it will be downed to a misdemeanor but what I want to ask everyone is the questions above about the ice hold.......

Just because millions do it doesn't make it legal. You asked how else do,illegals work here, well they shouldn't be working here if they are illegal.......If at any point he checked a box claiming US citizenship his,journey to the US is over for good.

[Beata1501 14]

I don't understand one thing.... you've been married to him for 10 years, you have children together and you let him stay illegal??? How come you never applied to adjust his status? 10 years is a long time...

Edited November 18, 2013 by Beata1501

[sara..... 371]

I don't understand one thing.... you've been married to him for 10 years, you have children together and you let him stay illegal??? How come you never applied to adjust his status? 10 years is a long time...

I might be wrong about this and im sure someone will correct me if i am

but if he came into the country illegally with out a visa she could not adjust his status he would have had to return home and then she could have applied for spousal visa......but then the automatic ban would have came into play because they would have had to show how they got married in the USA with out him being here on a legal visa......

sara

[NigeriaorBust 4,087]

If the SS number belong to a USC then he may have triggered the lifetime ban for claim to USC

[fantonledzepp 159]

Ice holds are common if the person committed a felony. I once arrested a French guy who allegedly smashed his girlfriend's head with a coral reef rock. He pleaded guilty and was deported.

[Harmon-y 32]

"I don't understand one thing.... you've been married to him for 10 years, you have children together and you let him stay illegal??? How come you never applied to adjust his status? 10 years is a long time... "

You can not adjust status for someone who came illegally

[Alisha78 0]

its not an excuse to say everybody use someone elses social security number. i am waitin on my paperwork and ive never worked illegally or like your husband so please dont make it seems like its ok...

now find a good laywer cause if he has no status here and a criminal record he'll be deported no appeal / waiver possible

[Blueberry Pancake 311]

I might be wrong about this and im sure someone will correct me if i am

but if he came into the country illegally with out a visa she could not adjust his status he would have had to return home and then she could have applied for spousal visa......but then the automatic ban would have came into play because they would have had to show how they got married in the USA with out him being here on a legal visa......

sara

Provisional Waiver program was introduced beginning of this year. In short... it lets people who EWI and with unlawful presence to wait out the I-130 process in the U.S., then file a waiver and then, if approved, with a waiver in place, go to their home country for an interview.

[Boiler 43,430]

Lots of misinformation.

I presume that the Lawyer thinks that the charge can be downgraded to a misdemeanor, and he could be released on bail, otherwise they would be no point with the question.

OP has a lawyer, combined immigration/criminal lawyers are unusual. Most specialise in one or the other.

The false claim to Citizenship depends on if it was made, to whom it was made and if anybody goes looking for it.

I thought most people in this situation just ised a completely made up name and number, more serious if an actual person has been used. Seems like the latter may apply in this case.