Husband’s situation:
Wife:
• U.S. citizen
Husband:
• Haitian citizen
• Entered the U.S. without inspection (EWI)
• No criminal history
• Has work authorization (EAD)
Current status:
• Currently has Temporary Protected Status (TPS) for Haiti (though TPS is involved in ongoing litigation)
• Released by ICE on Form I-220A (Order of Release on Recognizance)
• Has periodic ICE check-ins in South Florida
Immigration process:
• We filed I-130 through marriage and it has already been approved
Travel history:
• Applied for Advance Parole, but it was denied because the reason was not considered humanitarian.
Concern:
His next ICE check-in is coming up soon. He has been compliant with all requirements, but he is worried about the possibility of detention at the check-in in South Florida.
We’ve had several consultations with immigration attorneys. Some were hesitant to take the case because it involves ICE supervision and I-220A.
Main questions:
How common is detention at ICE check-ins for someone with no criminal history?
With I-130 already approved, what are the realistic options for getting a green card with EWI + I-220A?
Is consular processing with an I-601A provisional waiver usually the only path in cases like this?
Any insight from people who have dealt with similar situations would be appreciated.
