So the big day is coming.....?

Question

now the day is arriving im going to court tuesday with our son the face the judge any last minute advice do you think the judge will see out situation and let him stay with us please give me some advice we miss him so much or will they send him back to dominica w.i you have to view my previous questions to answer this question

Answer 1

tell the judge USA always treasures family values, so children should always stay with the mother wherever the mother is. US will never separate family.

Answer 2

maybe you should think about going back with him....

Answer 3

Get a lawyer

Answer 4

You know, if you had gotten married and filed the paperwork he'd be legal right now.  He came to the USA with a visa and he could have easily adjusted status without ever having to leave the country.  It would have made no difference that he was out of status.

As things stand right now I don't see any way he's going to stay.

What did your attorney say?  Is voluntary departure an option?

Once he goes back to DR you'll have to fly there and get married.  Then you'll have to come back, alone, and file an I-130 for him.  Of course, that will be rejected and they'll ban him from the USA for 10 years.

At that point he'll have to file an I-601 for a Waiver of Inadmissibility.  If he's never been in trouble in the USA the chances of him getting the waiver are very good.  I highly recommend that you use an attorney to assist you with the waiver request.

All in all this process, after you get married, will take over a year.  Like I said, it all could have been easily avoided.

Answer 5

No.  He is an illegal aliens as it stands... he has to do things like everyone else.  With this conviction, however, he will have to wait five years I believe, and that, in my opinion, is 25 years to short.