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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105656
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My spouse in in jail being held with a ICE hold. He has a

Customer Question

My spouse in in jail being held with a ICE hold. He has a order for removal from 2014 that he did not turn himself in for. Is there any chance in posting another immigration bond for him?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: Yes he has an approved I-130. He took a volunteer departure in 2004 and we filed all the paperwork but by 2007 they still did not approve so he came back illegally and was caught in 2009
JA: Have you talked to a lawyer yet?
Customer: They continued the case for a while but in 2014 ordered a removal
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know if there is a chance we can post a immigration bond. I am a US resident and we have 3 kids together
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Customer: replied 2 months ago.
Thank you
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Sorry about the delay. What didn't they approve in 2007? An I-601 waiver?

Customer: replied 2 months ago.
We did the waiver in 2004 while he was in Mexico we went to the appointment in Juarez but they said he would have to come back because he had a assault charge on his background from the US in 2003 and that needed to be off his record first.
Customer: replied 2 months ago.
Hello
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Well, it's not going to be easy because the criminal past and the illegal re-entry are going o count against him. Yes, he has positive equities, but there are negative equities also. He can ask the ICE attorney in his deportation case for prosecutorial discretion. If granted, they would not deport him right now. It doesn't give him any work permit or legal status, but it just means that for now they will not deport him. Here is a link:

http://www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf

He can also try a Stay of Removal. Here is a link:

https://www.ice.gov/sites/default/files/documents/Document/2014/ice_form_i_246.pdf

I strongly recommend hiring an experienced immigration attorney. You can look for one at www.ailalawyer.com.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello Sarah. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!