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

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).

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Answered on 1/03/10, 3:22 pm

Larry L. Doan Law Office of Larry L. Doan

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.

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

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