What are the chances of my boyfriend getting deported? 1 Answers as of May 23, 2011He's been in California since he was 13 now he's 24. I believe he came illegally, he was arrested back in 06 for taking his aunts car without permission and driving without a license. He has no felonies. And then again I believe in 07 he had a dui and didn't appear in court because he didn't have the means of transportation. And for that he got a warrant, and just recently I went to go visit him in san Jose California where he's residing and I told him not to pick me up driving and he did got pulled over for making an illegal u turn. There the cop let him go because I was there to drive his dads car. The cop gave him a ticket for what happened and then said he has to go to court in July. How can I help so he won't get deported?
World Esquire Law Firm | Aime Katambwe
In my view I believe that he will. It is strange to me that he was let go in San Jose for the last incident since he had a bench warrant. Normally, he would have gotten picked up right away and transferred to the right court. Maybe the warrant was purged because it was too old. In any case, I don't see how he can avoid removal even if you marry him right away and filed for his LPR. If you were to file for his immigrant visa abroad, then you or he will have to explain in a waiver application why he should be let back into the country. I would pull his criminal background record first, then begin strategizing about a way for him to come back. But assuming someone had filed some kind of an application for him (or his parents) prior to April 2001 so that he qualifies for section 245(i) of the INA, then maybe he could stay. Cancellation of removal can be a route he may take but this will put him before the immigration Judge and I think that will be risky. There are other things to consider but please consult with competent counsel on this and good luck!
Answer Applies to: California