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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Question Obtaining Waiver After ICE Detainer

    ok my story might be kind of long. thanks for reading any advice is appreciated. i am a u.s. citizen, married to a jamaican. my husband had a 10 year visitor visa. he flew in last tuesday (the 13th) and was to stay with me for one week. he apparently got searched in the airport and they found less than 5 grams of marijuana in his camera case. may sound bogus but he really didnt intend to bring this with him. anyhow, he got arrested and spent 3 nights in jail. i was told not to bail him because he had an ICE detainer. he was released the day after the night he got arrested on one year probabation and 6 months jail time suspended, however was now being held for ICE to come get him. i never got to speak to him during his jail time and couldnt tell him what was going on and that he shouldnt plead guilty and should wait to see the immigration judge and all of that. so when they came for him they simply took him right to the airport and told him he could voluntarily withdrawal application or could be in jail until he sees the immigration judge. obviously he chose to go voluntarily then to stay locked up. he was told that he could obtain some type of waiver to re apply for visa? now what should i do? do i hire an immigration lawyer to file for my husband, do i try to get this waiver, i dont know whats the best way? he doesnt neccessarily need to be a permanent resident but i need him to be able to come visit freely. i have been to jamaica 8 times in the last 13 months, and i have a 5 year old daughter. it would be alot easier on me if he could also come to me just as easy. what are the chances he will be allowed back to visit? he got sent back last friday so sunday i flew down to jamaica, i have in my possession all of his paperwork. please give any advice.....whats my next move? oh i forgot to mention i am residing in maryland.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,860

    Default Re: Obtaining Waiver After ICE Detainer

    He's been convicted of trying to smuggle marijuana into the United States? Then you shouldn't expect that he'll be permitted to return to the United States. Yes, by all means, get help from an immigration lawyer.

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