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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 116780
Experience:  Immigration Law Expert
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I am living in the US on an expired Visa. I stay due to a

Customer Question

I am living in the US on an expired Visa. I stay due to a medical condition my 10 year old child has. I had an unfortunate experience Thursday, I was arrested and charged with domestic violence among other charges. Those are not my concern at this moment. I was contacted by immigration. I told them very little. I am required to appear at the court 8 am Monday morning and I am frightened that I will be detained by immigration. I am looking for the best advice on how to handle this situation please.
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Nisha Jones, Esq. replied 8 months ago.

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 8 months ago.

My best recommendation would be to hire an immigration attorney to follow your case.

Since immigration contacted you, then that means they are quite possibly aware of the fact that you have illegally overstayed in the US. This would make you eligible to be deported, and it's quite possible that you may be detained by ICE immigration services when you go into court on Monday.

As such, my recommendation is that you quickly hire an immigration attorney so that they can file any necessary immigration appeals on your behalf, and try to stop deportation on the grounds of extreme hardship and the fact that you have a minor child here in the US with medical care needs.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. It doesn't cost you anything to rate me, and we can continue our conversation for free after. Thanks, ***** ***** it!

Customer: replied 8 months ago.
This we already assumed. I was hoping for more detail. The appointment is for possible alcohol monitoring only. Considering the appointment time, would you recommend we try to delay this appointment so that we may have at least some time to retain counsel? Is it possible to retain your services for a Colorado case? If I was detained, is it possible for me to get release upon retaining counsel?
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.


I am afraid I have some bad news for you in that if you are here illegally, even though your child has this medical issue, the immigration courts are not going to really give you much sympathy. They can allow you to have your child stay here for medical care with a legal guardian if they cannot get the medical care in your country, but since you are have over stayed, you really need to consider a voluntary departure from the US, because you will be spending money on an attorney who will not be able to help actually keep you in the country. You need to attend the appointment and you can retain an attorney after the appointment or you can just agree to voluntary departure, which would be really in your best interest in this situation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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