[luvhimso]

My husband is in custody for a simple domestic assault charge(that was dismissed),and he already had a warrant on him for failure to appear in immigration proceedings now he's facing deportation how can I stop this?

[DCcityboy]

Do you have an approved I-130 or is it pending? Your husband must have "relief from deporation", typically a relative petition filed by the USC spouse. The IJ can approve the adjustment of status to PR. If the IJ does not have this, he must order your husband deported.

Most domestic violence, CSA and firearms charges, arrests or convictions are difficult to overcome. There is also the underlying case against him for the first immigration court case, which likely resulted in an order of deportation in absentia. Certainly will hurt chances for a bond.

You need an attorney to see if the domestic violence case qualifies for a waiver. Find an experienced immigration attorney.

[luvhimso]

I haven't submitted the I-130 yet because one atty told me I would also need an adjustment of status which is 1010.00 more money.I saw that I would have to show extreme hardship well we have two children one that's 2yrs and 7mos. Plus I have a serious medical condition in which requires me to have surgery within the next 2-3 months.and where will my husband be while all of this is taking place?

[DCcityboy]

file the I-130 immediately. the CIS no longer has jurisdiction over your husband if he is in deportation, the AOS will be with the judge, that it the $1010 filing fee.

Your husband will likely be in detention, since he did not show to the first immigration hearing, he will probably not be granted a bond, since there is no I-130 filed, he has no relief from deportation.

You need an immigration attorney, an experienced one, and you need one now.