What will happen?

[gpacheco16 2]

my husband is in a detention center with ICE because he isn't legal. Were already in process with an approved I130, approved NVC fee's paid. We were only waiting on the pardon from Mexico then he was arrested. His lawyer says we can do a bond, file a I601a but he will need to do a voluntary deportation and finish papers there. They said anything between 3-8 month for this. Is this true? Hes been her over 10 years, no criminal history. His lawyer says we will get the bond approved but eventually he will need to leave for a little time. My husband is mad because he dont believe this is true. We dont know, most people we know have been deported due to crime not just because. We been married almost 2 years and I can not be with out him this long.

[Ben&Zian 4,397]

Actually, being illegal in this country is on it's own justification to be detained and deported.... 

Edited May 9, 2018 by Penguin_ie
non contributory

[George & Roth 1,485]

He’s been here 10 years and done nothing wrong, it’s morally objectionable to deport him but the world is lacking good people nowadays and that’s why he’s going to need to be deported.

 

Apologies and good luck.

[LoveMyTico 999]

Being here illegally is ILLEGAL. I'm not sure why people think its not. 10 years, 20 years or 2 years...if you entered illegally, that is deportable.  Read the immigrating laws. Its very plain. 

The new administration is vowing to prosecute anyone who enters illegally.  I would not doubt the fact that the DOJ is now following the laws already on the books, that there will many more deportations.  They aren't playing anymore. It has nothing to do with nice or mean people...it has to do with the rule of law and respecting the laws in the United States. 

The sooner your husband leaves, the sooner you'll know if he will be granted a visa.  Its not up to Mexico, its up to the Dept of State at the U.S. embassy in Mexico.  

BTW, I recently knew a guy from Costa Rica who was here 20 years..had to go back to Costa Rica and finish the process... He waited 15 months..and he wasn't deported. That's just how long it takes.  Consider all the backlog in Mexico...you need to plan for a long stay. Its a definite possibility.  

[Penguin_ie 5,984]

**** one post edited.  Give the Op constructive advice or do not post. ******

[Going through 5,668]

2 hours ago, gpacheco16 said:

My husband is mad because he dont believe this is true. We dont know, most people we know have been deported due to crime not just because.

Your husband's lawyer is correct.  He needs to leave the US as right now he does not have legal basis to adjust from (he can't adjust through you now because he entered without inspection...if he entered WITH inspection, then he would have the legal basis to adjust through you as his spouse.)

 

He is not being advised by his lawyer to voluntarily deport/leave "just because"---he DID commit a crime by entering illegally, so he needs to leave FIRST if he ever wants to live in the US with legal status.  Since he remained in the US for 10 years he will trigger a ban once he leaves the States.  His lawyer can help him with the waiver if he is recommended for one by the CO in Mexico when he applies for a visa.  Chances of your husband being recommended for the waiver also can depend on whether he factually misrepresented himself when crossing the border initially (for instance if he claimed he was a US citizen, or if he used a fake passport). 

Edited May 9, 2018 by Going through

[gpacheco16 2]

That’s going to take lots of time I’m sure. The lawyer said he’s going to file a I-601A but even if it’s approved he’s going to have to leave for a few months. With a I-601A and leaving I want to know how long it could take. 

[Unlockable 7,306]

The act of being here illegal is grounds for deportation. It doesn't matter if he has never committed any other crimes. In his current situation, it will take some time before everything is done. A I-601 waiver can take 2 years or more. The lawyer is correct that he will have to leave.

 

You husband should clearly understand that he is not being deported unjustly. Anyone who is here illegal can be deported. Whether they are a criminal or not.

 

13 hours ago, George & Roth said:

He’s been here 10 years and done nothing wrong, it’s morally objectionable to deport him but the world is lacking good people nowadays and that’s why he’s going to need to be deported.

 

Apologies and good luck.

Your post is with good intentions, however, it can be misconstrued that the husband did nothing wrong. Any person that is here illegally can be deported regardless of length of time here or criminal history unless they have some sort of protective order of stay.

 

Many people thing the US is so anti-immigration because it deports people. But America has one of, if not the, highest legal immigration systems in the world. The key word is LEGAL immigration. 

 

If you have a house you frequently share with friends and family and you discover an unknown, uninvited stranger broke into your home, you wouldn't say, "Hey, I don't know you but since you are already here, you are welcome to stay."

 

[Roel 7,191]

15 hours ago, gpacheco16 said:

my husband is in a detention center with ICE because he isn't legal. Were already in process with an approved I130, approved NVC fee's paid. We were only waiting on the pardon from Mexico then he was arrested. His lawyer says we can do a bond, file a I601a but he will need to do a voluntary deportation and finish papers there. They said anything between 3-8 month for this. Is this true? Hes been her over 10 years, no criminal history. His lawyer says we will get the bond approved but eventually he will need to leave for a little time. My husband is mad because he dont believe this is true. We dont know, most people we know have been deported due to crime not just because. We been married almost 2 years and I can not be with out him this long.

Well, suck it up because you're going to be separated for a while. Unless you mo be to the Mexico. 

 

He committed the crime - being ILLEGAL is a crime... and the lawyer is right. Doesn't happen often in VJ.

[gpacheco16 2]

You must really enjoy putting negativity in a hurting situation. Hope you do go thru what me and my family is going thru sense you want to be RUDE AND IGNORANT with your words. 

[gpacheco16 2]

@NuestraUnion thank you. I’m seeing more and more people are taking my questions out of context and needing to be ignorant with their words. I’m sure they wouldn’t want to be in my situation at any point if they are going through Visa situation themselves. As for 2 years for the I-601A that’s a better understanding what I’m going to be going through so thank you.

[Going through 5,668]

Have a Plan B in place on the chance he does not get approved...I know that's not what you want to hear, but always good to consider all possible outcomes and game plans for each.

Edited May 10, 2018 by Going through

[Springrain22 427]

Yes, he will be deported. Being here illegally for 10 years, and working, it's all grounds for deportation. You're saying he has no criminal history? Well, in my opinion, working illegally for 10 years is already a criminal history. So, they will send him back and he will return when his ban is over. Face the truth. Telling you the truth does not mean being rude and ignorant. Doing what he did (read above) is rude and ignorant. I wish you guys all the best, but you must follow the rules.

[gpacheco16 2]

We own our own home, I have 3 kids that are in high school and am a successful business woman. Leaving isn’t an option for me only because of my kids. If I didn’t have my children I would go until he could come back. My question was not about facing anything,  this thread was only for advice if it’s avoidable not for any other negativity. If my husband has to leave for a few months after a 2 year waiting period from the I-601A that’s obtainable. 

[Paul & Mallory 1,398]

First and foremost - I do feel for you, on an emotional stance. Regardless if you knew the consequences of the actions/choices or not, you are facing a great length of time apart from your partner. And that's terrible. No, I do not ever hope to ever be in that situation. But that's why my partner and I have chosen the path we have, and have been apart for a long time and are still currently apart  before starting our life together - so that we can live with the peace that we won't be separated again years down the road. To be fair - you are coming here, among many people who have chosen similar paths to go about it legally and have their own separations and frustrations. So no, you won't get a lot of sympathy. I am sorry that it's coming across so harshly from some. As rude as it may seem to you, though, it's the reality of it. I don't think it's necessarily your situation that's rubbed people the wrong way, but your comment that your husband has no criminal record and has done nothing wrong for..10 years? Being here illegally for any amount of time IS a crime. And it's wrong. And it's disrespectful to those who go through the proper channels and have to wait and wait and wait.

 

I think your initial question that you ultimately came here with has its answer, or the best answer any of us here can give you just going by experience and based on the details you've shared - no, it's not avoidable. It's cliché, but... don't do the crime if you can't do the time. I would make sure you both research all options that you have at this point, consult with a lawyer (which sounds like you already have), and be as rational as possible, versus emotional. Make sure you do it right this time and put it behind you so that you CAN live the rest of your lives together in peace knowing this will never be hanging over your heads again. I wish you and your family the best through this.