San Francisco, CA
My husband was arrested for domestic violence. I called the police after we physically fought. I did more to harm him than he did to harm me (neither one of us had more than scratches from pushing a pulling). I was told by the officer that there was a mandatory 5 day temporary restraining order that I had to sign (but that it would be imposed if I didn't sign anyway) and that they would talk to him and tell him about it after he got off work. They called him on his cell at work and told him to come to the police station after his shift to talk. He agreed. When he arrived they arrested him. He was in county jail overnight. Charges were dropped in the morning but INS picked him up before he got released and he was taken to San Francisco for review and holding. I called every immigration lawyer I could find the number of (about 8) and they all told me he would not be released under any circumstances and would be shipped back to Russia asap. They were all wrong. He was released within 16 hours of his arrival in SF (overnight).
Needless to say I DON'T TRUST ANY IMMIGRATION LAWYER at this point. Even if I did we are having trouble finding the $355 to file the I-130. Every lawyer I've talked to wants between $5k and $8k to help us. We could never afford a lawyer. I certainly don't want to PAY someone only to realize they are less competent than I am, have them blow the case and lose my husband anyway. I've called all the "low income" orgs but they turn us down, ask for too much $ or just haven't even bothered to call me back. I can't find help. When we went to our Master Hearing two months ago the judge repeated "I can't tell you how important it is you have a lawyer" about 30 times in the general addresses to the court. She also said "if you show up in two months at your next hearing without one I will not be sympathetic". I have spent countless hours in small claims over the past 4 years suing people who thought I would be a push-over and I am 4 for 4. I am very comfortable in court and have great common sense. Normally I would be about 87% confident that I could handle these removal proceedings myself but that judges words put the fear in me.
MY BIG QUESTIONS ARE:
How does everyone feel about us needing a lawyer under our circumstances (which are abbreviated below)?
How soon could they take him from us? I'm about to give birth and can't take care of this family alone. He supports us. I don't really work. If they take him we are homeless and car-less. I'm scared out of my mind!
1. He came to the US from Russia with his parents when he was ten years old on an L2 visa. According to the USCIS, his stay was up in Sept. of 1997 (12 year overstay).
2. His father was the last to leave in approx. July, 2005. He handed my husband (then 21 years old) my husbands social security card (number was really his but the card was modified so the "not auth'ed to work in the US" statement was gone) and left for Russia. My husband was unsure if it was real or not. He knew his parents had applied for adj. of status for him but he was never told whether it was accepted or denied.
3. My husband and I met (I found him) a week or two before his father left but he didn't tell me anything about his father leaving or his situation for months.
4. We married in April, 2006 (the following year). To date we have been married over 4 years. I surprised him with a proposal on a trip to Tahoe and he accepted. By then I knew about his situation but we both assumed his adjustment was granted and the SS card was real because he was able to get jobs working for companies who, to say the least, are notorious for conducting very thorough background checks.
5. We had a child a little over two years after getting married (2008). We tried sooner than that but it had difficulties.
6. He was arrested but charges were dropped in Sept. of 2009 for domestic violence.
7. The INS held him for 16 hours, ordered removal proceedings and released him.
8. A 5 day mandatory TRO was in affect from the original arrest and was never violated. I tried to have it lifted but the police said it was impossible.
9. Husband has no other prior arrests/records.
10. I am currently 9 months pregnant with our 4th child. Due Sept. 8th.
11. His next hearing is on Aug. 19th (next week). I have no time left! I have all of our forms filled out but no $ to file them. I also have all the supporting docs that are requested. No one was at our wedding because we eloped and we don't really have pics because we were in the snow on the top of a mountain. I wasn't going to wear a wedding dress! That's the only stuff I'm missing I believe.
Please, tell me you guys think I can handle this. I'm in a panic at this point because all I keep hearing is that I NEED a lawyer but I don't see much of a reason why. The only thing we are guilty of is being naive like every other American who hasn't been exposed to this stuff before. I thought everything was fine if you were married and it was lagit. No one said I would have to buy my husband if he wasn't a citizen (tho with all these filing fees that's what I feel like I'm doing).
I think that's the whole story. If anyone can give me some tips for any of this it would be greatly appreciated. I'm all alone in this. My husband isn't smart enough to understand any of it, I don't trust his parents (and there is a communication barrier anyway) and I haven't any family left on my side to help us out. I only have you guys so thanks in advance.

