Pine Hills, FL Immigration Law Firms & Lawyers

It sounds like your brother is charged with several aggravated felonies as defined by immigration law.  If that is the case, he is ineligible for a bond.  Because he is from Haiti, they cannot easily remove him because that country has been granted Temporary Protected Status because of the earthquake.  Your brother probably qualifies, but that that means he has to stay in detention until a country can be found to take him.  Your brother should get an attorney to represent him.

Although you have 2 daughters born here, you have not inquired about petition sponsorship from their father, so I will assume that he is not a U. S. citizen. If he has a green card, there is the possibility of waiting until he becomes a citizen, at which time you might be eligible for adjustment of status to permanent resident provided you are married. As your question is being asked in March 2013 and the information concerning the Obama administration's deferred action for childhood arrivals program (DACA) has been available since last summer, I assume that you do not qualify, most likely because you were 31 years of age by June 5, 2012. If by some chance you were not, have no significant criminal history, and either graduated from high school, have the GED, are currently in school, or served honorably in the Armed Forces or Coast Guard, you could make an application for deferred action and an employment authorization card which is good for two years and in all likelihood could be extended. Otherwise your best immediate relief would appear to be on the horizon as Congress begins discussing comprehensive immigration reform. There is more chance of its passage this year than in any other time in the past 20 years. It appears that both the Republicans and Democrats are motivated to pass some form of legislation, largely because of the presidential election results in which Hispanics and other minorities turned out in droves for the President for his pro-immigration stands. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

It depends. If you already have your permanent residence you don't have to file anything else. I you don't have your residence, or have the conditional one you will have to file other applications with immigration.