Legal Question in Immigration Law in California

Deportation

My daughter married someone who is in this country illegally. Now he is facing jail time for driving without a license. Can they deport him once he is in jail serving his time. He has done time for the same charge before and they did not deport. Also, since they are married doesn't that make him a citizen since my daughter is a u.s.citizen?


Asked on 8/21/02, 11:11 pm

3 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Deportation

Driving without a license is neither ana ggravated felony nor a crime involving moral turpitude. Hence, he will not be deported. BUT, why is he not doing anything to legalize his status? Let me know if a representation is needed (323)782-0099.

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Answered on 8/26/02, 11:05 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Deportation

Your son -in-law needs to apply for green card through spousal category...that way he can avoid deportation. Both issues have to be dealt with separately...If you are in Southern Cal....feel free to contact me!!!!

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Answered on 8/21/02, 11:29 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Deportation

No, he's not a citizen. He's not even a permanent resident (green card) unless your daughter petition for him. Your daughter should do so as soon as is possible. It will take almost a year to be approved. I don't think driving without a license is the type of crime that makes him deportable, even with a second conviction. But, if (and it's a big if) the INS decides to deport him, the immigration judge will hold the case over until the spousal petition is approved and then probably will grant him his green card.

Liem Doan, Esq.

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Answered on 8/22/02, 1:20 am


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