How can I help my wife who was arrested for failure to go through with the voluntary removal?

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How can I help my wife who was arrested for failure to go through with the voluntary removal?
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Submitted by LawQA.com on November 16, 2011 - 9:31am

My wife was arrested by ICE at our immigration I-130 meeting yesterday. They were stating that she had a voluntary removal order in 2006. She didn't leave. We met in '08 married in '09 and now have two children. What can I do to stop them from deporting her? The attorney we are using said that wouldn't happen and to ask for an order of supervision. The ICE supervisor was denied. Now what? She is in jail and I have to figure how to raise my children by my self.

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Submitted by Alexander J Segal on November 16, 2011 - 10:33am

Alexander J Segal's picture

Unfortunately, if your wife accepted voluntary departure and failed to depart in accordance with its terms, she is ineligible for any immigration benefits for ten years. There are some exceptions, but we would need additional information about her prior immigration case. Assuming she is ineligible, she would not be able to receive any benefits until 2016. There is no waiver for failing to comply with a voluntary departure order.

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