Legal Question in Immigration Law in California

illegal immigrant

Can an illegal immigrant whose son is in prison have visitation rights? Or would her status impede her from visiting her son?


Asked on 8/16/08, 10:19 pm

1 Answer from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: illegal immigrant

I don't believe they will ask anything more than for a picture identification card -- unless someone has advised them that you are illegal. Second, I don't believe in California a guard at a jail has the authority to ask what your status is, or cares what your status is. Third, is your son a citizen? Because if he is, and he is over 21, you would be able to obtain your status pretty quickly. On the other hand, if he is a lawful permanent resident, and is in prison, he is going to have problems keeping his status. Let me know. I am curious whether your son is a citizen; in which case I can help you.

Thanks for your query.

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Answered on 8/17/08, 10:13 am


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