Legal Question in Immigration Law in California

Summary Deportation

Hello. I entered the US in June, 1987, as a visitor from Canada. I took a job, and did not file for a permit. I went to another job in 1988 in possession of a valid SSN and drivers license. I left to visit Canada in Dec.1988, and was refused re-admittance. I was re-admitted under an H-3 visa in Jan. 1989. I met and married a U.S. citizen in May 1989. To date, my spouse has not filed I-130 papers, and, as the marriage is in trouble, is threatening to call the INS and have me deported.

I believe that summary deportation is not a policy of this country. I have two sons, a wife, a career, and 13 years of social security benefits to protect.

I am I believe, entitled to a hearing with an INS officer, at which time I file for suspension of deportation, and get a hearing in Immigration court. I have no record, have committed no crimes, and have never been arrested.

What are my options?


Asked on 5/08/00, 1:10 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Summary Deportation

I am sorry to hear about your situation. It's truly lamentable that your wife is threatening you with deportation.

To answer your question, no, there's no "summary" deportation as you put it. If your wife indeed reports you to the INS and they decide to initiate removal (deportation) proceedings against you, you will be entitled to full hearings in front of an immigration judge. Everything will be in court and your due process rights will be protected. You have the right to be represented by an attorney of your choice at no cost to the government. You have the right to present evidence and witnesses to support your case. And you have the right to cross-examine witnesses who testify against you and to challenge INS evidence against you.

Since you've been here for at least 13 years, have two US citizen children, a career, and have no criminal records, you will definitely qualify for cancellation of removal (it's no longer called suspension of deportation). However, it's getting quite tough to convinced a judge to grant cancellation these days. What would help this even more is if your kids are fairly grown, and you have valuable assets here such as real estate or a business.

The problems with your wife will hurt your case, but on the other hand, I can see a plausible argument that your kids would need you even more if there are big problems with mommy and daddy, and therefore, you must remain in the US with them.

When you're in front of the judge, I suppose that you could also argue that you qualify to get a green card through a I-130 petition by your wife. But you can't force her to file one if she doesn't want to. Of course, by that time, she might have regretted her decision putting you through all the troubles, and thus, might change her mind.

You need a qualified immigration attorney to represent you in court if it comes to that. It's not a matter that can be self-handled with good results. In fact, the judge will urge you to retain an attorney. I will be happy to help you in this regard if you contact my office.

Liem Doan, Esq.

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Answered on 7/04/00, 6:29 am


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