It depends on his immigration status, age, and case posture, but being told “he’ll be sent home” is not automatic. There are multiple safeguards and forms of relief that can stop removal and keep families together.
Key factors the government considers
Criminal history/safety issues. These can affect eligibility but do not end all options; careful legal analysis is essential.
Pending applications.
Discretion and equities. School enrollment, medical needs, length of U.S. residence, and family ties can support prosecutorial discretion or a stay of removal.
What you can do right now
- Confirm case status. Check any EOIR hearing notice, A-Number, biometrics, and prior filings.
- Gather proof. Birth certificate, school records, medical documents, proof of residence, and evidence of abuse/neglect (for SIJS) or fear of return (for asylum/CAT).
- Avoid risky travel or statements. Do not sign “voluntary return” or depart the U.S. without legal advice.
- Consider emergency protections. File for stay of removal, deferred action, or parole in place (where applicable) while pursuing long-term relief.
- Update addresses (Form EOIR-33/AR-11) and attend all hearings—no exceptions.
How we help
The Law Offices of Brian D. Lerner will audit your son’s record, identify every viable form of relief, request stays or prosecutorial discretion, and file motions to reopen or terminate where warranted. We coordinate with schools, doctors, and child welfare agencies to present the strongest humanitarian case. Contact us immediately—timelines are critical, and early action can prevent removal.
