Legal Question in Immigration Law in California
legal or not?
My grandparents became u.s.citizens in 1975,they then brought their son(myfather) here from philippines,he was 16yrs old at the time.my father also served 7yrs. in u.s.m.c and was discharged whith honor.recently,he served 6months in prison for stalking,due to calling my mom while a no contact restrainingorder was in effect.when my father was being released from prison the i.n.s was there to pick him up. why are they trying to deport my father and what do i do or need to help him?
3 Answers from Attorneys
Re: legal or not?
Apparently, your father never bother to naturalize. As a permanent resident alien for certain aggravated felonies.
However, the stalking itself does not appear to me to be sufficient ground for deportaton, unless there is an underlying suspended sentence that revived because of the recent arrest.
You or your father should hire competent immigration attorney to assit you in this matter. He/she will probably have to work closely with a criminal lawyer.
I will be happy to consult with you if you need any additional assistance.
Re: legal or not?
I dont want to come off as evasive, but I would need to see the conviction and the notice to appear from the INS to determine what relief will be available to your father.
What is certain is that there is very minimal forms of relief available to an immigrant who has a criminal conviction amounting to an aggravated felony.
Therefore, you would be able to obtain better information and I will be able to provide a better answer to your questions over the telephone.
Please do not hesitate to call. (213) 384-2220
Re: legal or not?
Your father who apparently never took citizenship can get deported for being an aggrivated felon, or for commiting crime involving moral turpitude. I do a lot of deporation defense like your father's case. He is definitely eligible for cancellation of removal. Please take a look at my site at www.lawyers.com/amyghosh
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