Legal Question in Immigration Law in Virginia
immigration detainer
If an illegal alien has a detainer on him is there anyway to get it released, like a bond? An if they are from mexico but are with a white girl and have kids and one one the way can marriage save him from being deported?
2 Answers from Attorneys
Re: immigration detainer
Yes, immigration detainees are eligible for bond in many cases. Such eligibility primarily depends on the alien's criminal history. If he is married to a U.S. citizen and has U.S. citizen children it may be possible to keep him in the United States or arrange for his prompt return here after a trip to Mexico. You should contact an experienced attorney in the DC/VA area. Gregory Bryl, Esq., bryllaw-dot-com.
Re: immigration detainer
It is highly unlikely that a detainer would be removed; your "friend" must wait until he is in the custody of the Dept. of Homeland Security in order to ask for a bond re: immigration. Now, I presume that "white girl" means U.S. citizen, yes? It is possible that marriage to this U.S. citizen can help, but all depends on what he can arrested for. Let's presume he was arrested for some petty crime, nothing too dangerous. If he has been in the U.S. a minimum of 10 years, if he is in proceedings before the immigration court, he can request relief from deportation based on extreme and unusual hardship to his wife and children if they are U.S. citizens. Would have to see you to get a grip on all the facts. Good luck!
Take care
Marc Seguinot