Legal Question in Immigration Law in California

Criminal & Immigration

First of all, thank you for all your assistance. My dad will be flying to his home country to visit his brother who has terminal cancer. In 2006 my dad was convicted of domestic violence 273.5(a) PC. He completed his DV classes, paid fines and completed his community service. He was in jail only for one day. His probation ends on 11/2009. This is his only run with the law, he's 59 yrs. old. I'm concerned that when he returns to the US he will have problems @ the airport, he's a legal resident. My mom said that he should'nt have a problem because of his previous conviction as long as they carry the court reports/documents with them. Both parents are traveling together. I told both parents that it would be easier for them to return to California through Tijuana & drive through the border. Both parents are leaving this weekend and returning on October 30. Also his legal residency will expire in 2012. Do you think by going through court & asking for an expungment will increase his chances of renewing his legal residency in 2012? Any input into this matter will be greatly appreciated, thank you so much.


Asked on 10/07/08, 5:11 pm

3 Answers from Attorneys
Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC

He may not be able to re-enter the US if he leaves

A conviction for domestic violence against certain household members is a basis for deportation/removal/inadmission.

If your father has a qualifying DV conviction, your father likely should not be leaving the US as he would be barred from re-entering the US or put into proceeding to take away his LPR status upon his return.

Many times, people use wrong legal terms. Perhaps his "conviction" is not really a conviction as defined in law. Perhaps what he has is an agreement with the prosecutor to complete some programs in exchange for dismissing the charges after a period of time.

Your father should review his facts and options with an attorney before leaving the US.

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Answered on 10/09/08, 12:47 pm
Nikki Mehrpoo Jacobson The Jacobson Law Firm, APC

Re: Criminal & Immigration

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Answered on 10/10/08, 8:22 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Criminal & Immigration

You're welcome.

To get a full handle on the situation, a consultation would be in order. There might be other issues not mentioned which could affect admissibility too.

Feel free to go to my website and fill in an initial consultation request there (http://www.yardum-hunter/Main/Consultation.asp) or write to me at [email protected].

Sincerely,

Alice

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Answered on 10/08/08, 1:09 pm


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