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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4321
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My fiance has a past felony case in 1997 I think with drugs.

Customer Question

My fiance has a past felony case in 1997 I think with drugs. He has 4 kids all in their teens (3) and my 2 yr old he is on his end reentry and getting deported. Is there any way we can fight this his kids and our baby is devastated.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
2nd reentry *
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigrationa ttorney helping you today.

I will need more information.

What is his exact crime? What is his status in the US? Is he currently detained?

What do you mean he is on his end reentry and getting deported?

Customer: replied 1 year ago.
he's currently detained I meant 2nd reentry. He didn't fight the case and judge sentenced him to 5 months then getting deported. He told me to contact an attorney to see what we can do. Possession of marijuana but it was a felony he doesn't even remember the change
Expert:  Jen Marie, Esq. replied 1 year ago.

Unfortunately, because it's his second reentry, it will be very difficult to fight the case. If he already has one deportation then now he is subject to expedited removal which means he can be deported again without even seeing an immigration judge. What he can try is when he gets to ICE detention, send a request for what is called a stay of removal. He would submit that request directly to his assigned deportation officer once he has one. To apply you submit form I-246 together with a written explanation of why he should be allowed to stay; explain how his US citizen children and you will suffer. If possible, you can also marry him while he is detained because that will give him one more US citizen relative in the US to base his case on ,if you are a US citizen. You can also submit letter of recommendation from people and proof of his rehabilitation. If he does anything good for the community or churches, provide letter. You can find the application and instructions here https://www.ice.gov/sites/default/files/documents/Document/2014/ice_form_i_246.pdf

If this is approved, he will be allowed to stay for one year. He can apply again when it expires.

Good luck to you during this process and I hope this answer has helped you!

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