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I am an American citizen but my husband is an illegal alien…

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I am an American...

I am an American citizen but my husband is an illegal alien he has been caught without a license and insurance and has had court they said in the court that they want to report to immigration my question is what are the chances of deportation with them reporting this to immigration? He is also just called and made an appointment to take the steps forward to getting his citizenship he has an appointment but it's after the court date to try and start his papers I am willing as his wife to help him he also has a job that is willing to help.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No my status is that I'm legal I'm an American citizen he is not and he is the one that is in trouble and is had court he was only caught without a license and insurance

Lawyer's Assistant: Have you talked to a lawyer yet?

No and I'm not sure who I'm supposed to talk to the court appointed lawyer said that I needed to talk to an immigration lawyer about this question

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just basically I just need to know what the chances of his deportation are if this gets reported of driving without a license and insurance

Submitted: 8 months ago.Category: Immigration Law
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Answered in 1 minute by:
12/20/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,947
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

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.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Has he committed any crimes? What country is he from? How long has he been in the U.S.?

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Customer reply replied 8 months ago
Is from Guatemala he is never committed a crime just driving without a license
Customer reply replied 8 months ago
He's been in the United States for about 10 years
Customer reply replied 8 months ago
We had court and talk to the court appointed attorney watch had asked me to talk to an immigration lawyer just with the question of what are the chances of deportation if the court sends over to immigration that he was caught driving without a license and insurance
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

Ok. That's good. While he is always at risk of deportation and there is no guarantee that ICE would not pursue him to deport him, he would not be considered a priority for deportation even if someone reported him. If they did try to process him for deportation, he has the following options:

1) Apply for Asylum (he had to have done this within the 1st year of being in the U.S. unless there is a credible excuse or changed country conditions), Withholding of Removal, Convention Against Torture, or Cancellation of Removal. The first three things are if he fears to return to his home country because he believes that he will be specifically targeted due to his race, religion, nationality, social group or political opinion and that he runs a high risk of great bodily injury, torture, or death as a result. The last, Cancellation, he would have to prove that he has at least 10 years in the U.S. AND he must also prove that if he is deported, a U.S. Citizen or Lawful Permanent Resident that depends upon him will suffer exceptional and extremely unusual hardship. This hardship must be something more than emotional separation hardship or financial hardship, so it is difficult to get.

2) Since he is married to you, a U.S. Citizen, he could file an I-130 here in the U.S. (which will give him no legal status), but once that I-130 is approved, really the only thing he can do is leave the U.S. and apply to come back in at the U.S. Embassy/consulate in his home country as the spouse of a U.S. Citizen. At that point, they will want to deny him because he entered illegally and stayed. So he would have to apply for an I-601 waiver (forgiveness) and to get this waiver he will have to prove that his spouse will suffer extreme hardship if he is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the hardship probably will need to be more than just economic hardship or emotional separation hardship. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.

You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

http://damascus.usembassy.gov/ina212.html

and here is another link:

http://www.uscis.gov/forms/centralized-filing-and-adjudication-form-i-601-application-waiver-grounds-inadmissibility

And here is a link to what extreme hardship is:

http://www.ilw.com/articles/2007,0717-scott.shtm

3) An alternative to the old I-601 is the I-601A waiver, it isn't a new law. It is a new procedure. What has changed is that before, a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate in their home country and then HOPE that they got approved, but the change is that now the same person can apply inside the U.S., get a pre-approval, and then with that pre-approval they can leave the U.S. for just a few days or even a day, present themselves for a scheduled appointment at the U.S. Embassy or Consulate, and then get the final approval and come back as long as there are no other reasons of inadmissibility, just having entered the U.S. illegally or having overstayed. Here is an official link:

http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

He can do the 3rd option without being placed in deportation proceedings.

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.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

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

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Thank you for your kindness and respect. Good luck to you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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