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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Im trying to find info about marrige to get married with

Customer Question

im trying to find info about marrige to get married with someone that is in a detention center
JA: What state are you in? It matters because laws vary by location.
Customer: texas
JA: Has anything been filed or reported?
Customer: no not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no just if theres any possiblity that it would be able to happen or no
Submitted: 3 months ago.
Category: Family Law
Expert:  S. Kincaid replied 3 months ago.
Are you taking about a jail, a prison or an immigration detention center?
Customer: replied 3 months ago.
Immigration detention center
Expert:  S. Kincaid replied 3 months ago.
It is possible. You would have to get permission from his deportation officer at the ICE-Detention and Removal Center. Then, you would have to write to the warden of the Detention Facility which will usually defer to ICE. So, then you would have to find an official who would be willing to perform the services at the Detention Facility. I would start with the warden and write him/her or visit the facility and ask for the policy/procedure and than follow that. If the detainee is already in deportation proceedings, you have a higher burden in proving that the marriage is legitimate and not intended to prevent the deportation.
Customer: replied 2 months ago.
i call what do i tell them ot who do i ask fot
Expert:  S. Kincaid replied 2 months ago.
Find out what officer is assigned to him and let that officer know you'd like to know how to officially request to marry a detainee.
Customer: replied 2 months ago.
Well im a gunna be 18 in december but i already have a daughter with the inmate will it matter about my age
Expert:  S. Kincaid replied 2 months ago.
They can deny your request and your age could be a reason. Do you have parental consent? In what state is he detained?
Customer: replied 2 months ago.
my mother and father both know and in texas
Expert:  S. Kincaid replied 2 months ago.
It won't hurt to try now and hope the officer doesn't deny your request. If your parents consent, at least that's not an obstacle.
Customer: replied 2 months ago.
Do you think that they would leave him here they had him charged with dwi and he did his time and they still have him there becuase they told him that he should fight his case do you think they would leave him if we got married
Expert:  S. Kincaid replied 2 months ago.
What do you mean by "leave him?" Are you asking if they'd let him stay in the United States? What was his legal status before he as detained?
Customer: replied 2 months ago.
Well he crossed illegally over here to the United States
Expert:  S. Kincaid replied 2 months ago.
Marriage is a process for gaining residency, but it's not automatic. Matt I ask what seems like an unrelated question? Has he been a crime victim where he reported the crime to law enforcement?
Customer: replied 2 months ago.
No no crimes this is the first time the got him
Expert:  S. Kincaid replied 2 months ago.

The reason I asked that is that one way to prevent deportation and (eventually) obtain residency is a special program for crime victims. However, I am a family law attorney, not an immigration attorney and outside of that subsection of immigration law, I am not very knowledgeable about that area of law. I would suggest you consult with an immigration attorney. We do have immigration experts on this site. Do you have any other questions for me?