Legal Question in Immigration Law in California

My friend was pulled over Saturday night and he didn't have a license because he wasn't born in the U.S., he did have his visa but the bad thing was the he's visa was expired and he was under the influence of alcohol, and they planning to deport him this week. He is 18 years of age and he just needed one semester of school to graduate high school. Could something be done so they could allow him to finish just this semester of school and graduate?

Asked on 12/29/09, 11:53 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office
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Unfortunately, most likely he will be deported back to his native country. Unless a person has basis to apply for residency in USA (and someone has to petition for him), he can't stay. It doesn't sound that he has a qualifying relative to petition for him (USA citizen mother, father, wife).

If you’d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I’d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn’t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/03/10, 3:22 pm
Larry L. Doan Law Office of Larry L. Doan
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Your friend needs representation in Immigration Court here in LA, and as a practical mater, removal proceedings will take many months before they’re concluded. I agree with the answer above that he may not have any real form of relief so he’ll probably wind up asking for voluntary departure. He'll get 4 months to leave and even before that stage , a good lawyer who's experienced in Immigration Court, who's there every day, can delay the proceedings a little bit so he can graduate.

He should consult a local attorney in LA since this is a court matter that requires representation from a local attorney who's thoroughly familiar with all the judges in this court, not a law firm in another state.

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, please contact our office directly, or visit our blog site http://GuruImmigration.wordpress.com for more details.

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Answered on 1/03/10, 11:07 pm

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