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My fiance is in jail and has a detainer from INS. We have 3 children and have been together for 8 years. One child is biology his, he is 5 years old, my 8 year old thinks that he is his father raised him from birth. My oldest knows that he is not her father but he does help take care of her. Our son together has many heath problems and my 8 year old has adhd, and ever since his dad has been away he has been worse. It is very hard to be a single parent. One year ago he had a court date with immigration in Charlotte but we did not have the money at that time to get a attorney so he did not go we where on the phone for hours with them trying to continue his court date to this day we still don't know what happened. Is there anything that we can do so he can stay in the US. I have done research and it says that we can file a I-212 or extreme hardship. If there is anything that you may be able to do please let me know. I don't think taking the kids back to Mexico to live would be good at this point because the kids have to see a doctor on a regular basis and it is not safe there. The kids don't understand why daddy can't come home and stay with us. This is a very hard situation and I don't know where to turn. Please help if you can.
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Submitted by Alexander J Segal on December 2, 2011 - 12:11pm
Your fiance has likely been ordered removed in his absence. I understand that you tried to continue the hearing, but a person who is served with a Notice to Appear is required to appear before the Immigration Court. The fact that your fiance did not have an attorney was not a sufficient reason not to go. He could have went to the Immigration Court and requested more time. This is most likely why your fiance is being detained.
An order of removal entered in your absence can only be reopened if you can demonstrate lack of notice or extraordinary circumstances that caused the delay. Based upon what you have told me so far, the only option to fight the matter here would be if the Immigration Court did reschedule his hearing and you never received notice. This would require a little research. If the court did reschedule the notice and you somehow did not get the notice, then your fiance may be able to fight his removal in the United States.
However, if this is not a viable option, he can return to Mexico. You can marry (either in the U.S., if you can arrange it, or in Mexico). After you are married, you would need to petition for him to receive an immigrant visa. He will also need a waiver of inadmissibility for illegal presence and an application for readmission after removal. These require submission of the appropriate forms and supporting evidence. This is a complex matter and you should strongly consider speaking with an attorney in person to discuss how to best handle this case.
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