Q: If my dad was arrested under criminal charges, what are the chances of having to go in front of an immigration lawyer?
My dad hasn’t ever been arrested before. He was set up by people and now we are stuck in a case that should not be happening in the first place. I have a criminal attorney but I need to know if I will need an immigration attorney as well.
A: If your father is undocumented, in any type of lawful nonimmigrant status, or even a U.S. Legal Permanent Resident and is facing a pending criminal charge, it is advisable that he consult with a competent immigration attorney who can advise him (and possibly also his criminal defense attorney if that attorney does not practice immigration law) on the potential negative immigration consequences of pleading to or being convicted of certain criminal charges. If your father is in criminal detention, some immigration attorneys make jailhouse visits.
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A: Depending on the circumstances, your father could be detained by immigration authorities, but it is difficult to say without more information. Certainly consulting with an immigration attorney to see what the impact of the criminal charges/convictions against your father. If he is undocumented, it might not matter what the crime is however; if he is turned over to immigration authorities he could be deportable simply because he is in the country without permission.
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