A little background. . .
My husband came to this country illegally about 14 years ago, was married before to a citizen (not sure how far they got in the immigration process) I had two sons prior to meeting my husband we have had an additional 2 children during our 8 years together (married 6 now) anyway to give a very abbreviated story. My oldest (an 11 year old boy who has had problems off and on as far as pushing limits, trouble at school, lying, etc.) pushed limits and fought with my husband. My son was disciplined and spanked with a belt (not beaten). My son has used the threat of "go ahead and hit me I will call the police" I am a mandatory reporter through my job and thought that I would loose all my children over this spanking with a belt. So I called our local dispatch to report the incident. My husband was arrested and charged, then picked up by INS and was dropped off in Mexico 10 days later. Now what? I have approached the prosecutor assigned to the case who originally sounded like he would be will to drop charges on a "temporary" basis, to allow me to obtain a VISA to by my husband back home legally. The DA told him (so he says) that she is unwilling to drop charges. I believe statements made that night to the officer and the next week to a grand jury were false or at least somewhat exaggerated. Can I get him home legally with pending charges? Prior to all this happening we had a consultation with an immigration attorney, when I called and asked what I needed to do he told me that I had to give him 5000 for retainer (Needless to say I didn't have that kind of money when my husband was here and I sure don't have it now that he is gone) I was told that if my husband were to come back illegally that INS would pick him up again shortly after turning himself in so court process would not be finished (charges would remain as pending status) What do I do? I love my husband and he is a good father. We need him home. It has been five months now, and I don't feel as though I have gotten anywhere. I am now a single mom of four and struggling, any advise that you have to offer is greatly appreciated.