Queensbury, NY Immigration Law Firms & Lawyers

Usually where there is a prior order of deportation, ICE will hold the person for at least 90 days to see whether it can send him/her back to the home country. It will commonly see whether it can obtain a travel document if your common-law husband does not already have one on him or volunteer to hand over such document. If it cannot remove him within 90 days, ICE will likely entertain requests for release. The Supreme Court has held that ICE cannot hold a person in your common-law husband's situation indefinitely, and where he has fully cooperated and still cannot be removed within 90 days, ICE should begin the process of release. Of course, ICE has many times not been as prompt, and has quoted the Supreme Court’s further statement that detention of aliens for up to 6 months after entry of a final removal order is presumptively reasonable. Unfortunately a release date can stretch out in time and even in some situations require federal court action. Your lawyer can also attempt to present all of his equities to ICE at the detention facility to see whether such could have an effect upon an early release. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

You can petition for your fiance but he will likely require two waivers: one for reentry following a removal; and the second if he was in the US unlawfully and left the country which triggers a ten year bar. The law permits waivers on behalf of USC fiance's, however you have to demonstrate hardship. It is harder to do if the relationship is just beginning. Waivers are difficult so I would suggest finding competent counsel.

I would suggest you renew your DACA as well as pursue the option of adjusting status through your spouse. Work with an immigration attorney to guide you through this complicated process.