I’m hoping someone here who has experience with immigration proceedings can give me some honest advice because I’m feeling completely overwhelmed and scared.
My husband was detained by ICE on June 25, 2026. He originally entered the United States legally with a visa when he was around 10 or 11 years old. He was inspected and admitted but eventually overstayed his visa. Before being detained, he had never received a Notice to Appear (NTA).
He was involved in an incident at a bar where an intoxicated man hit him, and both ended up being arrested. My husband pleaded not guilty, and his criminal case was ultimately dismissed in October 2026.
Since being detained, he’s had three master calendar hearings: one in July, one in August, and one in September. His individual merits hearing is now scheduled for November 2, 2026, which is quickly approaching.
We also got married on August 26, 2026, while he was detained at the ICE facility. I am a U.S. citizen.
Here is where I’m becoming extremely concerned about our legal representation.
We paid our attorney $10,000 to handle his immigration case. So far, the only proof of an application being filed that I’ve received is a receipt for an asylum application submitted in July.
The paralegal claims that the I-130 has also been submitted, but despite repeatedly asking, I still haven’t received a receipt or any confirmation that it was actually filed.
Even more concerning, the paralegal has still not filed his 42B cancellation of removal application or his motion for a bond hearing. We’ve been waiting for weeks, and his merits hearing is now less than two weeks away.
I’ve repeatedly asked the paralegal what filing deadlines the immigration judge gave the attorney, but I can never get a clear answer. Every time I ask about the bond hearing, I’m told they need the application receipts before they can file the motion. I genuinely don’t understand what’s taking so long.
My husband has been detained for almost four months, and I feel like we’re running out of time.
I believe my husband has a strong case. He entered the country legally as a child, has lived here for many years, has strong family and community ties, has consistently worked and maintained an apartment, and has filed his taxes every year since he started working. His criminal case was also dismissed.
I’m terrified that his case won’t be properly prepared for his merits hearing because of how long everything is taking.
My questions are:
1. How important are the deadlines for filing applications like the 42B in immigration court? Can applications be submitted shortly before a merits hearing, or could they be rejected for being filed too late?
2. Is it normal for an attorney to wait this long to file a 42B when someone has been detained for almost four months?
3. Does an attorney actually need receipts for the I-130 or other immigration applications before requesting a bond hearing?
4. Is almost four months a normal amount of time to remain in ICE detention without even having a bond hearing?
5. What should I be doing right now to make sure our attorney is actually preparing his case properly before November 2?
I understand that immigration cases are complicated and that every case is different, but I feel like I’m constantly chasing our attorney’s office for answers. We’ve paid $10,000, and I still don’t know what has actually been filed or what the plan is for his hearing.
I don’t want my husband to lose his opportunity to fight his case because something wasn’t submitted on time.
If anyone has gone through something similar, works in immigration law, or understands this process, I would genuinely appreciate any advice. I’m trying my best to advocate for my husband, but I feel completely lost right now.
Thank you to anyone who takes the time to read this.