QUESTION
Will my friend be deported for driving with a suspended license?
Asked on Dec 23rd, 2011 on Immigration - New York
More details to this question:
My friend was pulled over by a police officer for driving without a license (or with an expired DL). He is illegal in this country but has been here for over 18 years, pays taxes, and went to college & obtained a degree. He is in jail as custody and has a hold of immigration. What is the likelihood of him being deported for such a low-priority misdemeanor? He is not a criminal and his record is clean.
5 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
He needs to immediately retain an immigration attorney who can visit him in detention and assess his case for any relief. Advise him not to sign anything and advise ICE he has an attorney and wants to explore his options before agreeing to anything. If no affirmative relief available, sounds like he may be a good candidate for prosecutorial discretion but would need to know all the details of his original entry, criminal and immigration history, what relatives he has in the U.S. and their status.
Answered on Dec 30th, 2011 at 10:00 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
Update Your Profile
He is eligible for bond and should not sign away his rights. This is a low priority case.
Answered on Dec 29th, 2011 at 12:17 AM
The problem is that your friend does not have legal status that allows him to remain in the U.S. He can get deported for just that. He should consult with an immigration attorney for a review of his immigration history and assessment of relief from removal.
Answered on Dec 27th, 2011 at 5:17 PM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
Update Your Profile
He would not be deportable for the driving charge, but because he is in the US without authorization. If he has no other criminal record, he may be eligible for cancellation of removal or prosecutorial discretion.
Answered on Dec 27th, 2011 at 4:12 PM
Leon Wildes
He will not be deported because of a licene offence but seems deportable as an overstay or illegal entrant. He can request prosecutorial discretion and ask to remain.
Answered on Dec 27th, 2011 at 3:40 PM