Legal Question in Immigration Law in California

Re: immigration

The answer is "Probably not." It will not be so easy because it depends on the facts. Sounds like he was deported in absentia (without him present in court) even though you said he did know about the court proceedings (he received the NTA). Yes, he was 17 at the time, and didn�t want to go without his parents, however, I really don�t think that�s a strong enough excuse for a motion to reopen the case. Maybe if he were a lot younger than 17, but at that age, that�s almost an adult anyway, and to reopen the case, there must have been an exceptional circumstance for why he didn't go to court such as serious illness or death within the family. The other problem is that such a motion to reopen, when the person had notice of the proceedings, can only be filed within 180 days after the deportation (removal) order. You didn�t specify how long ago that was but it�s probably beyond that time.

You�re not married yet to your fiancee, but even if you marry him now, you cannot move to reopen the deportation case on the basis of being married since the case is most likely not on appeal. Apparently, from the facts you�ve described, he�s detained because he never left the country after the deportation order and there�s no appeal pending. You could marry, then petition for him, but he would have to go back to El Salvador and wait at least ten years before he could be allowed back in, unless the law changes in the future.

Larry Liem Doan, Esq.

Note: Nothing in the above reply is intended or shall be construed as to create an attorney-client relationship, which can only be established through payment of consideration to the attorney.

Re: immigration

You may want to try www.aila.org for a listing of attorneys in your area. He may have some options, but he will need an attorney to help him through this. If you want to contact my office to discuss this briefly I would be happy to hear from you.

Re: immigration

I am very near Otay Mesa. You may have some hope, but it will be a difficult journey.

If you would like local help, very familiar with El Salvador, please contact my office at your earliest convenience.

JDH

Re: immigration

Yes you can legalize him, if you are in Southern California you should contact us about your case