Legal Question in Immigration Law in California

If an immigrant goes to speak with a lawyer and they are not supposed to be here (have already been deported but came back) if they go to the lawyers office for a consultation is there a possibility of being deported again


Asked on 8/31/09, 8:11 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

A lawyer cannot deport them. Legal consultation with a lawyer is always confidential.

The government might be able to deport them, if they came back to USA illegally after deportation.

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Answered on 8/31/09, 8:32 pm

I agree with Mr. Smal's response. Additionally, if the lawyer notified the government that this person was in the US illegally it could subject the lawyer to a malpractice claim and/or problems with the State Bar.

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Answered on 8/31/09, 8:44 pm

Your discussions with your lawyer are confidential, and it would be a severe breach of confidentiality to notify the government or anyone else outside of the lawyer's office, of the information the person disclosed to him/her in these circumstances. It is the government that deports individuals, not the lawyer. And the government may deport the person again, if caught.

If you have further questions, you may email: [email protected] or phone 415-387-1364.

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Answered on 9/01/09, 12:40 am


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