My fiance got transfered to Essex County Jail

[24's Wife]

Hello everyone my name is Evelyn and my fiance and father of my daughter just got transfered to Essex County Jail in NJ on Tuesday on a immigration hold.

He had a CDS charge from like 99 and he got incarcerated on 08 to complete the remainder of his sentence. In March of 2010 my fiance was already approved to go to a halfway back program since he had completed his sentence and was eligible for parole but on the day he was leaving immigration had already put a hold on him and picked him up. I am soooo confused sad deppresed and dont know what to expect. He is from the Dominican Republic and he came to the us when he was 17 years old he is now 32. My question is when he came to the us his stepmother who is a citizen filed his petioned for him and his father who at that time was a resident, his father is now a citizen, am a citizen and my daughter is also a citizen does he qualify for automatic citizenship? if not is there any way he can remain in the US..??

[FalseHopes]

Originally Posted by 24's Wife

Hello everyone my name is Evelyn and my fiance and father of my daughter just got transfered to Essex County Jail in NJ on Tuesday on a immigration hold.

He had a CDS charge from like 99 and he got incarcerated on 08 to complete the remainder of his sentence. In March of 2010 my fiance was already approved to go to a halfway back program since he had completed his sentence and was eligible for parole but on the day he was leaving immigration had already put a hold on him and picked him up. I am soooo confused sad deppresed and dont know what to expect. He is from the Dominican Republic and he came to the us when he was 17 years old he is now 32. My question is when he came to the us his stepmother who is a citizen filed his petioned for him and his father who at that time was a resident, his father is now a citizen, am a citizen and my daughter is also a citizen does he qualify for automatic citizenship? if not is there any way he can remain in the US..??

Please do not take this information as "Official".

But being a person who has been successfully ordered deported, and gone through the mess of trial for over 10 years, and have been a "Legal Resident" since the age of 3. I consider myself to be quite versed on this subject.

The problem i see are:
1. It's his Stepmother
2. She applied for his petition after the fact
3. Having a Child in the US is not a saving grace (i also have a child with a Citizen, the courts DO NOT care)
4. His father, who is a Legal Resident, also will not help his case.

Unfortunately, I do not see any possibility of him staying.

The only possibility would be if he can prove that if returned, he will be tortured, or his human rights will be violated. But at last check, the Dominican Republic is not known for this.

(i.e. Laos is a communist regime which have been known and is still known for Human Rights Violation, and is next door to Poh Pot's Genocide that murdered over half the country's population, and the courts had no sympathy for me)