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Criminal Immigration Issues Dealing with INS and other related issues.

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  #1  
Old 06-21-2017, 04:11 PM
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Default When ICE picks him up, will he see a judge? Be appointed an attorney?

My husband is currently incarcerated in California, he is scheduled to be released next month on the 24th. He has an ICE hold for his crime which was carjacking.He has his permanent residency, he has a green card so to speak. They classify it as an Aggravated Felony. I have a few questions, when ICE picks him up, will he see a judge where he can present his case? Will an attorney be appointed for him then? Is there any possible way to keep my husband here in this country? I have spoken to a couple of attorneys but they charge an arm and a leg up front and they won't give me a guarantee that he would stay. What could I do? He has been down for 18 years, plus he has never gotten into any kind of trouble while in prison, no 115's. Someone has to consider that he has done real well in prison, accomplished many things with certificates to prove it and he has become a preacher as well. He's a very good man who has made mistakes in his past but has rehabilitated himself and he just wants to come home with me, work, pay his taxes and be a normal citizen. I really need help, I'm desperate. I need my husband home, I need his support. Thank you!
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Old 06-21-2017, 04:24 PM
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Aw geez...I'm so sorry I hate to this. I can't answer your questions, but have given you your own thread so we can keep it specific to your needs w/o hijacking another thread.


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Old 06-21-2017, 05:24 PM
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It mayyyy be possible that he can stay if he had residency. Someone from ICE must have seen him and discussed with him his chances by now. They've already gone to see my husband a few times but my husband doesn't even want to try and fight his case since is is a violent offender. The most recent visit from ice he signed the documents to be deported upon release. We just want him to be out of custody even if it means moving out of the country. Maybe someone can give you resources for an attorney there must be a few with free consultations.
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Old 06-21-2017, 06:20 PM
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It mayyyy be possible that he can stay if he had residency. Someone from ICE must have seen him and discussed with him his chances by now. They've already gone to see my husband a few times but my husband doesn't even want to try and fight his case since is is a violent offender. The most recent visit from ice he signed the documents to be deported upon release. We just want him to be out of custody even if it means moving out of the country. Maybe someone can give you resources for an attorney there must be a few with free consultations.
Thank you for your information, nobody from ICE has gone to see my husband at all. The only time they saw him was back in 2001, that was the first and last time anybody saw him. The way we found out that ICE was picking him up was through his counselor. I'm hoping he stays, he was raised here, his parents brought him to this country when he was 5 years old.
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Old 06-21-2017, 06:39 PM
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Thank you for your information, nobody from ICE has gone to see my husband at all. The only time they saw him was back in 2001, that was the first and last time anybody saw him. The way we found out that ICE was picking him up was through his counselor. I'm hoping he stays, he was raised here, his parents brought him to this country when he was 5 years old.
That's very interesting 🤔
Ice has already seen my husband about 4 times! He also came at a young age 3 years old but has never received residency. It really is going to depend on how strong your guys case is. If he is being picked up by ICE then expect further detention on his end unless he qualifies for bond meanwhile he fights his case to remain in the us... I hear that the process is taking much longer now due to so many detainees brought in recently.
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Old 06-21-2017, 06:54 PM
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My husband is currently incarcerated in California, he is scheduled to be released next month on the 24th. He has an ICE hold for his crime which was carjacking.He has his permanent residency, he has a green card so to speak. They classify it as an Aggravated Felony. I have a few questions, when ICE picks him up, will he see a judge where he can present his case? Will an attorney be appointed for him then? Is there any possible way to keep my husband here in this country? I have spoken to a couple of attorneys but they charge an arm and a leg up front and they won't give me a guarantee that he would stay. What could I do? He has been down for 18 years, plus he has never gotten into any kind of trouble while in prison, no 115's. Someone has to consider that he has done real well in prison, accomplished many things with certificates to prove it and he has become a preacher as well. He's a very good man who has made mistakes in his past but has rehabilitated himself and he just wants to come home with me, work, pay his taxes and be a normal citizen. I really need help, I'm desperate. I need my husband home, I need his support. Thank you!


Hey Chica, ..

I have a family member that went through this, .. so, I'll try and give you what I know.
When my family member went through this situation he was told there was no hope for him to stay and that his residency would be revoked, .. we hired a private attorney, .. yes it's EXPENSIVE. Close to 25,000 and no guarantee either.

Yes, they go in fromt of a judge, his immigration status has not yet been settled, correct? So, he'll have to go in front of a Judge that will decide if he mat stay or not. In my family members case, .. we had as many people as we could write him letters of support stating he could count on them to be a productive member of society. He was you and had grown up here. The judge was by far very nice and believed in opportunities, he had a record it wasn't his first offense. The judge told him, "You have a great support system, you're young and you deserve 1 more chance, you screw up one more time and it's over for you" .. So, he stayed.

He screwed up though and she kept her word, he was done. No more chances! I pray your husband gets another chance chica and hopefully some of this helped yah!
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Old 06-21-2017, 07:35 PM
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Hey Chica, ..

I have a family member that went through this, .. so, I'll try and give you what I know.
When my family member went through this situation he was told there was no hope for him to stay and that his residency would be revoked, .. we hired a private attorney, .. yes it's EXPENSIVE. Close to 25,000 and no guarantee either.

Yes, they go in fromt of a judge, his immigration status has not yet been settled, correct? So, he'll have to go in front of a Judge that will decide if he mat stay or not. In my family members case, .. we had as many people as we could write him letters of support stating he could count on them to be a productive member of society. He was you and had grown up here. The judge was by far very nice and believed in opportunities, he had a record it wasn't his first offense. The judge told him, "You have a great support system, you're young and you deserve 1 more chance, you screw up one more time and it's over for you" .. So, he stayed.

He screwed up though and she kept her word, he was done. No more chances! I pray your husband gets another chance chica and hopefully some of this helped yah!

Thank you very much! I am so desperate that I feel lost. I having us parents write a letter stating that they need him home to help them, his dad is on dialysis and his mother has serious heart problems, also he is my support as well, it's hard holding it down by myself. My husband just wants to come home, work, pay taxes and be a regular law abiding citizen. I pray that if he does see a judge that he has compassion for my husband and gives him another chance. Thank you very much for your information, I pray it happens to my husband too.
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Old 06-21-2017, 07:40 PM
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Hey Chica, ..

I have a family member that went through this, .. so, I'll try and give you what I know.
When my family member went through this situation he was told there was no hope for him to stay and that his residency would be revoked, .. we hired a private attorney, .. yes it's EXPENSIVE. Close to 25,000 and no guarantee either.

Yes, they go in fromt of a judge, his immigration status has not yet been settled, correct? So, he'll have to go in front of a Judge that will decide if he mat stay or not. In my family members case, .. we had as many people as we could write him letters of support stating he could count on them to be a productive member of society. He was you and had grown up here. The judge was by far very nice and believed in opportunities, he had a record it wasn't his first offense. The judge told him, "You have a great support system, you're young and you deserve 1 more chance, you screw up one more time and it's over for you" .. So, he stayed.

He screwed up though and she kept her word, he was done. No more chances! I pray your husband gets another chance chica and hopefully some of this helped yah!
I'm sorry I have a question for you, did his family members send him the letters? Did he take them with him when he was In court? Can they be from friends as well? Thank you!
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Old 06-21-2017, 07:47 PM
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I'm sorry I have a question for you, did his family members send him the letters? Did he take them with him when he was In court? Can they be from friends as well? Thank you!


No need to apologize chica, that's what we are here for!!

So the letters were given to US, the people who hired the lawyer. We then gave those letters to the lawyer who presented them to the Judge when his case was called. Girly, I'm almost certain he will go in front of a judge. He hasn't been told that his residency is "no more" or has he? As far as the letters, they can come from anyone and everyone that knows him and is willing to write good letters of support. Back then the attorney we hired gave us an insight as to what to write, now I don't recall girly. I'm sure you could google them! The MORE letters of support, the BETTER! Shows he won't be alone when he gets out, .. for him I'm not sure it'll be the same but my family member had a few ex employers stating they would rehire him when he was home because he was a good worker, I know you stated your husband has been down for a good minute, .. do you have any Family that owns business that may hire him? It's unfortunate his parents are in such a situation but hopefully God willing this plays in his favor and the Judge rules for him to stay!!!
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Old 06-21-2017, 08:05 PM
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No need to apologize chica, that's what we are here for!!

So the letters were given to US, the people who hired the lawyer. We then gave those letters to the lawyer who presented them to the Judge when his case was called. Girly, I'm almost certain he will go in front of a judge. He hasn't been told that his residency is "no more" or has he? As far as the letters, they can come from anyone and everyone that knows him and is willing to write good letters of support. Back then the attorney we hired gave us an insight as to what to write, now I don't recall girly. I'm sure you could google them! The MORE letters of support, the BETTER! Shows he won't be alone when he gets out, .. for him I'm not sure it'll be the same but my family member had a few ex employers stating they would rehire him when he was home because he was a good worker, I know you stated your husband has been down for a good minute, .. do you have any Family that owns business that may hire him? It's unfortunate his parents are in such a situation but hopefully God willing this plays in his favor and the Judge rules for him to stay!!!

Thank you! No, he has not been told if he still has his residency or not from nobody from immigration. Yes he has people out here who are willing to hire him when he gets out, also friends who are willing to write letters as well. I guess in my case I would either send these letters to him or take them myself to court. Would you know if in my husband's case, we cannot afford an attorney, would the court appoint one for him? I heard that they do, but I'm not sure. When he does go to court, would I be allowed to be there? I'm also wondering since I am an American citizen, would that help my husband in any way to stay here? We have been married now for 8 years. Thank you so much for taking the time out to answer my questions, you are a godsend!
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Old 06-21-2017, 10:01 PM
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Thank you! No, he has not been told if he still has his residency or not from nobody from immigration. Yes he has people out here who are willing to hire him when he gets out, also friends who are willing to write letters as well. I guess in my case I would either send these letters to him or take them myself to court. Would you know if in my husband's case, we cannot afford an attorney, would the court appoint one for him? I heard that they do, but I'm not sure. When he does go to court, would I be allowed to be there? I'm also wondering since I am an American citizen, would that help my husband in any way to stay here? We have been married now for 8 years. Thank you so much for taking the time out to answer my questions, you are a godsend!
Well the fact that he is being Picked up by ice upon release says that his residency is on the line and could be revoked... you should contact ICE. Google their info and ask if they can appoint you an attorney. I know I'm Orange County there are immigration lawyers all over the place that give free consultations. I wouldn't see why they couldn't appoint you an attorney but I'm not sure �� so it's best to find out from ice themselves... I don't want to sound negative just sharing my and my husband's experience. The fact that we are married didn't help him at all. Neither did the fact that we had a baby and he has another kid. I'm not sure how much it would help since you got married after he was incarcerated or if that matters or not... my husband was asked if we were married before or after that's why I mention that... i hope you guys get blessed with a second chance but the way things are going in the us right now I encourage you to be open minded and ready for any possible outcome whether that means he is allowed to stay or whether he gets deported. Good luck hun
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Old 06-21-2017, 11:35 PM
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Thank you! No, he has not been told if he still has his residency or not from nobody from immigration. Yes he has people out here who are willing to hire him when he gets out, also friends who are willing to write letters as well. I guess in my case I would either send these letters to him or take them myself to court. Would you know if in my husband's case, we cannot afford an attorney, would the court appoint one for him? I heard that they do, but I'm not sure. When he does go to court, would I be allowed to be there? I'm also wondering since I am an American citizen, would that help my husband in any way to stay here? We have been married now for 8 years. Thank you so much for taking the time out to answer my questions, you are a godsend!


The fact that he has people out here willing to support him and he has PROOF he didn't just sleep his time off in prison will surely help him chica, I hope and pray that's the case. Like I said, get as many letters of support written in his favor and have that ready for the judge.

I'm not too sure if things have changed much but my family members situation occured no longer than 5 years ago, yet again laws are always changing. Yes, we were offered a court appointed attornet, .. he's the one that said he would lose his residency, .. ICE had a hold on his release. We were allowed to be there in court with him and also speak on his behalf and how we were going to support him. Our family offered financil, emotional and physical support. I truly believe it was just the Judge has a very compassionate heart. Pray chica, God will see you through it!!
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Old 06-22-2017, 09:19 AM
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I think every situation is different hon you have people with experiences on both ends. Every judge, every case. I'll say that everything has changed regarding immigration from those last 5 years especially within this year! News and statistics saying how they want out with even perfectly law abiding illegal immigrants. I'm not trying to be a brute. I believe in God and I have faith and I know how merciful he is but mercy and justice go hand in hand and our every action holds its consequences. I'm praying for you and your husband I hope a miracle will happen but in the most loving way i can say be open minded and prepared for either possible outcome I'm saying this from 100% personal experience. When hubby first found out he had a hold he was in county and I was pregnant. I was so optimistic that we could get that hold removed but with all those professional consultations, with my husband's records I have accepted the reality of it and girl it wasn't easy at all but you make do. My husband has never been in any type of problems while incarcerated either never any disciplinary actions has continued his education and other self help programs but in our case it didn't change the fact that he was illegal and committed crimes. Each crime is different and they look st that big time. My husband never hurt anyone but due to enhancements got placed as a violent offender and we aren't worried anymore. We will both be leaving behind family that we love but everyone understands that unfortunately hubby took his status in the us for granted. Does he regret it? Of course. Is he a better man? Significantly so. I hope that if you decide to hire an attorney or have one appointed that the judge will rule in your favor but whatever happens ultimately I pray you and your husband remain strong! Good luck and keep us posted
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Old 06-30-2017, 01:43 PM
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I think every situation is different hon you have people with experiences on both ends. Every judge, every case. I'll say that everything has changed regarding immigration from those last 5 years especially within this year! News and statistics saying how they want out with even perfectly law abiding illegal immigrants. I'm not trying to be a brute. I believe in God and I have faith and I know how merciful he is but mercy and justice go hand in hand and our every action holds its consequences. I'm praying for you and your husband I hope a miracle will happen but in the most loving way i can say be open minded and prepared for either possible outcome I'm saying this from 100% personal experience. When hubby first found out he had a hold he was in county and I was pregnant. I was so optimistic that we could get that hold removed but with all those professional consultations, with my husband's records I have accepted the reality of it and girl it wasn't easy at all but you make do. My husband has never been in any type of problems while incarcerated either never any disciplinary actions has continued his education and other self help programs but in our case it didn't change the fact that he was illegal and committed crimes. Each crime is different and they look st that big time. My husband never hurt anyone but due to enhancements got placed as a violent offender and we aren't worried anymore. We will both be leaving behind family that we love but everyone understands that unfortunately hubby took his status in the us for granted. Does he regret it? Of course. Is he a better man? Significantly so. I hope that if you decide to hire an attorney or have one appointed that the judge will rule in your favor but whatever happens ultimately I pray you and your husband remain strong! Good luck and keep us posted
Thank you very much for your words. I ended up hiring an attorney for him, I had to borrow money from the bank but I would rather have someone fight for my husband's than not at all. The attorney looked at his case and said to me that there is hope. He was looking up all of these laws and said that he will fight real hard for my husband to stay. I pray that all goes well, so far he seems very adamant in doing a very thorough job and to build a good case for my husband.

God willing everything will go well. I just have to be really faithful and not stop praying and believe that God will intervene in this. Thank you again for your kindness! God bless you!
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Old 07-12-2017, 08:38 PM
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Thank you! No, he has not been told if he still has his residency or not from nobody from immigration. Yes he has people out here who are willing to hire him when he gets out, also friends who are willing to write letters as well. I guess in my case I would either send these letters to him or take them myself to court. Would you know if in my husband's case, we cannot afford an attorney, would the court appoint one for him? I heard that they do, but I'm not sure. When he does go to court, would I be allowed to be there? I'm also wondering since I am an American citizen, would that help my husband in any way to stay here? We have been married now for 8 years. Thank you so much for taking the time out to answer my questions, you are a godsend!
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Thank you very much for your words. I ended up hiring an attorney for himu!

Aw. bien muy chica, hola. have zero experience in this. Pero ...i still pray for you, y' im' happy he has lawyer ahora.Pero...1 thing, make sure he is or she is an astute, prudent,caring competent/qualified lawyer.This can make or break a case. Praying to God tu esposo es aqui contigo chula,(where he belong home with you day and night.)safe,happy,cared for,
and loved.
God bless. keep us posted.Hugs -n- Blessings your way.adios.
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Old 07-15-2017, 10:23 PM
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Aw. bien muy chica, hola. have zero experience in this. Pero ...i still pray for you, y' im' happy he has lawyer ahora.Pero...1 thing, make sure he is or she is an astute, prudent,caring competent/qualified lawyer.This can make or break a case. Praying to God tu esposo es aqui contigo chula,(where he belong home with you day and night.)safe,happy,cared for,
and loved.
God bless. keep us posted.Hugs -n- Blessings your way.adios.
Thank you very much! So far the attorney that I hired has been very thorough and compassionate. He visited with my husband about a week ago and was with him for 2 hours. Pretty much what we are doing now is getting letters of support from my husband's teachers, counselor, pastor, and from people who are willing to give him a job once he come see home. I feel in my heart that his attorney will fight hard to have my husband stay. Espero en Dios que todo salga bien, tengo muchisima fe que Dios se va encargar de esta situacion.

Thank you for your prayers, we need them now more than ever. My husband will be released on the 24th of July, after that day, we start our battle. God willing, he will bless us with victory! Gracias!! God bless you!
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Old 07-16-2017, 01:03 AM
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I'm not versed in immigration law... at all... I just picked up on a little feeling while reading your posts and wanted to give you something to think about.

It was mentioned a few times that he has a great support system to keep him out of trouble upon release. However, in the letters you were writing, it sounds like you are focusing more on the fact that HE will be supporting YOU and his parents. I think I understand what you're getting at, but I'm not sure that's what the immigration judge will want to hear. If he's getting out of prison after a long sentence and immediately has a ton of pressure on him to be everyone's caregiver... I just think that's a stressful situation and doesn't fit what I'd call a "support system". It's something to consider. You may wish those letters to reflect more support for HIM or at least a balanced family dynamic.
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Old 07-20-2017, 04:32 PM
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Originally Posted by Marseille View Post
I'm not versed in immigration law... at all... I just picked up on a little feeling while reading your posts and wanted to give you something to think about.

It was mentioned a few times that he has a great support system to keep him out of trouble upon release. However, in the letters you were writing, it sounds like you are focusing more on the fact that HE will be supporting YOU and his parents. I think I understand what you're getting at, but I'm not sure that's what the immigration judge will want to hear. If he's getting out of prison after a long sentence and immediately has a ton of pressure on him to be everyone's caregiver... I just think that's a stressful situation and doesn't fit what I'd call a "support system". It's something to consider. You may wish those letters to reflect more support for HIM or at least a balanced family dynamic.
Yes you are absolutely correct. We have been getting letters from his counselors, teachers, bosses and inmates themselves. Letters of support and jobs that are waiting for him when he comes home. Basically what we want the judge to see is how much he has changed, what he has accomplished, how he has matured and that he is not the same person that he was when he first went in. Yes I see your point, it does sound just like you said, overall, we just want the judge to see that he indeed has a whole lot of support that will help him get back on his feet.
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