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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109612
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a US citizen, and my husband is on deportation, what should

Resolved Question:

I am a US citizen, and my husband is on deportation, what should i do to stop him from been deported.
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
How did he enter the U.S.? Illegally or with a visa? Which visa? And what country is he from?
Customer: replied 5 years ago.
He entered with a student visa from Sierra Leone, West Africa in 2003
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
Does he have any crimes in his background? Which?
Customer: replied 5 years ago.
No, he does not has any crime in his background
Customer: replied 5 years ago.
Relist: Incomplete answer.
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
Then I don't understand why he is detained. Who is detaining him and why? How did he come to be detained? Also, please be patient, I am in and out of my office today and not behind the computer all the time. Thank you.
Customer: replied 5 years ago.
Well, his lawyer mistakely forgot to file for voluntary departure to stay after his case was denied and his has reappeal and was waiting for the appeal proceeding. He was denied for the second time because them said he did not file for voluntary departure to stay which the lawyer will have file for within 90 days. When we found out it was too late, but by then I have already file for him for adjustment of status. So i thought since i have already file for him before the case denied, it was going to help, but not happen. I really need someone to help me with somtime i can do to help his case.
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

You cannot file for Adjustment of Status with USCIS if he is detained and in removal proceedings. You have to first file an I-130 and hopefully you already did that. With that, you should be able to file an I-246 Stay of Removal which can be found here:


Then if his removal case had been closed, you have to file a Motion To Reopen the case with the ICE attorney or perhaps the Immigration Judge and ask them to reopen the case. This is the hardest part of his case. It is complicated to get a Motion To Reopen approved. So it is best to use an attorney. If that attorney has done such a bad job, it would be better for you to go to and find another attorney. If you can get the case reopened, everything should work out fine. If not, then he will be deported. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. That is the only way that I can get paid a small percentage of your deposit. If you do not click accept, the website gets all of your deposit and I get nothing. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.

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