Legal Question in Immigration Law in New Jersey

My husband is a muslim native of egypt. He has been in the US since Jan 2000 he came in on a C-1/D(crewmans) visa. He had a I-94 valid from 01/15/2000 to 02/10/2000. He was lawfully inspected when he arrived in the US and he registered with the NSEERS in 2004. He was married in 2003 and after 6 months his wife left him so he never finished his immigration papers. We have been together since 2006 and were married in 2009. we have been trying to correct his papers since we were married. He was picked up by immigration 10 days ago for questioning pertaining to his ex-wife. He is currently sitting in a detention center with no charges other then out of status. He had a hearing in which they detained him with no bond. We had a lwayer for him and we gave him all of my husbands paper work and he went to court with my husband and told us that we didnt tell him that my husband had a C1/D visa which was in my husbands file the whole time so i dont feel that he is doing his job and ever other lawyer we have spoken with feels that my husband should be released on a bond because there are no other charges. However i dont have money to keep paying all these lawyers. I understand that a C1/D visa can not be adusted but I have a serious medical condition that prevents me from performing certian employment duties so right now my husband is the only one working and we have 3 kids(not biologically his) and also my son has a serious heart condition is there anything we can do for my husband please let me know ASAP thank you so much for ur considertaion


Asked on 6/05/10, 2:17 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Unfortunately, he is not eligible for adjustment of status because he entered the USA as a crewmember and never left (C-1/D visa). Your medical condition can't override the fact that he is not eligible for adjustment of status. Your health condition and kids' can possibly help when applying for a hardship waiver at the US consulate abroad.

Whether the immigration judge will allow him to be released on bond, depends on his situation.

A person in such difficult situation should have a good immigration attorney. You can consult a knowledgeable immigration attorney and see if your husband is eligible for a relief called 'cancellation of removal' after being in USA for 10 years.

How exactly were you trying to correct his papers' since 2009?

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

I offer telephone and email confidential legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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Answered on 6/05/10, 8:58 pm


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