Ok so the back story is that my husband was brought here to Texas from Mexico when he was 16. He came legally on a tourist passport in 2001 his passport expired 6 months later but his visa is good until 2011. He was a minor at the time his passport expired. In 2004 we started dating had our first son in 2005, got married in 2006, had another son in 2008.I am a US citizen as is our kids. We never had the money to file for his residency we were waiting until we got our income tax check. on 3-9-09 he was arrested for dwi he got into a fender bender with a parked truck.He has never been in trouble before. I went to bail him out and he had an Immigration Hold on him, the next day I went and hired a lawyer, his lawyer closed out his criminal case by pleading guilty because he had taken the blow test so he got time served and a suspended license for a year. it was a misdemeanor. We also filed an I 130. He is now at an Immigration detainment facility.
Today was his first court date for immigration, He did not receive bail. Why would that be? The lawyer said it is because he went from jail to the facility that he is automatically ineligible. Is that correct? The lawyer seemed great when I first met her, now I have my husbands parents breathing down my neck telling me that they feel like she isn't doing her job. Isn't it now up to the people that have the I130? I'm trying to remain level headed but the more research I do, the more pissed and scared I get.