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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28069
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My fiance was arrested by ICE with expired

Customer Question

my fiance was arrested by ICE for overstaying with expired visa. He is now in detention center with felony charge and no bail. Is there a way to appeal for his case to avoid deportation? I'm not yet US citizen that's why we never yet got married. We have 2 kids and on my way for our third one in 3 weeks. We need him badly...please enlighten me..
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Judith replied 5 months ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.Has your fiance been arrested for a criminal felony charge and then subsequently held by ICE?What is he charged with?Judith
Customer: replied 5 months ago.
According to him they charged him felony with no bail. Apparently he has no criminal offense. He was arrested in our house. I just found out that he has deportation order since january 2016 but we did not received NTA. Can we appeal for a bail. What step are we gonna do?
Expert:  Judith replied 5 months ago.
Did he re-enter the US following the January 2016 removal order?Remaining in the US after a removal order is not a felony so there is something else going on here.He can request a review of his bail at another hearing but you need to hire an attorney because there is more to this story than him failing to appear for his hearing before a judge and getting a removal order. That is not a felony.The only time a felony gets charged is when one has a removal order and then they re-enter the US after the removal is ordered.I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith

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