What would happen to an illegal immigrant if he were picked up by INS but married to a US Citizen?

Question

Please no negative remarks, this is only a question… not a political debate.

So I know that if an illegal immigrant from Mexico who is married to a US Citizen it means nothing in reference to the illegal getting his green card or papers.

But my question is what would happen if the illegal immigrant was picked up by INS and his spouse was a born United State citizen and they had already started to file their paper work to apply for his papers. Also, what if she had Cerebral Palsy and the illegal supported her with his health insurance… I know that can play into favor at times.

Would they take the illegal back to Mexico or would he stay here in wait a trial for his wife to come to and try to have him released? How long would they hold his in prison?

Many Thanks!

Answer 1

Deportation and a 10 year ban.

Answer 2

As long as they can pay the court or as they say record will be revoke. I do not believe that my self. I believe that gangs and prizes of food continued to increase.

Answer 3

Since there's no way for an illegal to adjust status while inside the United States there would be little point in releasing him while the paperwork was being processed.  You must understand, even if you do EVERYTHING 100% correct with regard to his petition he must leave the USA and go back to Mexico to finish the process.

My guess is that he'd be sent back.

Answer 4

I am sorry to tell you but they will send him back.  I have went though this myself.  /There is not always a 10 yr ban though. I have seen maybe people say that. It just depends on the factors.  You can fight it and hire a lawyer but its very expensive and doesnt always work. If you are fighting it he could bail out on bond and that could be any where from 1,500 - 4,500 that is what we were told.  They ususally hold them at a country jail. He leaves volunatary the ban maybe be less that is why I say its not always 10 yrs.  

Answer 5

What happen, they get deported, right now the government is not given illegals any breaks. Good luck!!

Answer 6

He is still an illegal criminal alien invader and subject to deportation.  It might appear that this is a marriage fraud given the fact that the wife is reliant on him for her medical care.

She could also be held accountable for aiding and abetting a criminal alien.  

If he was illegally in this country, without ever entering legally and just overstayed, he would need to go back to his own country and face a 10 year ban before being able to apply to come back.

Answer 7

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