Legal Question in Immigration Law in Tennessee

My fiance is from Honduras and came into the country on a tourist visa that was for two months he was to go to court back in 2005. He never did go to court he stayed in the US. He was recently pulled over on 2/21/10 and taken to jail for no drivers liscence. Ever since he has been detained to be deported. Is there anything that I can do as a US citizen engaded to be married to stop the deportation process.


Asked on 3/17/10, 7:55 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

He needs to retain an immigration lawyer practicing in the Immigration Court in your State. If he is deported (or was deported in 2005 when he failed to go to Immigration Court?), it won't be easy coming back. He might be able to ask the judge for voluntary departure if he was not yet ordered deported (and go back to Honduras voluntarily). Once he leaves the country, he will become inadmissible for 10 years, and will require both a visa and a hardship waiver in order to be able to come back. Since you are not married to him, you can't petition for him as your husband. You need to provide more details about his situation, so an attorney can advise you.

I offer legal consultations and can 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 confidential 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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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.

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Answered on 3/22/10, 10:37 am


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