What will happen to my friends father who was deported? 2 Answers as of May 25, 2011Yesterday my friend’s father was deported back to Mexico. What happened was he went to go renew his green card and was told he couldn't until he fixed because of a past failure to appear in court. He said he would go to jail and pay all fines if needed to clear his name. And then a couple days later Immigration came to deport him. This is pretty much all I got from my friends family as right now they're devastated since he is the sole money maker in the family.
Pacifica Legal Services | Floyd Fernandez
Your friend has to start by filing an I-130 petition for him, and then his father needs to apply for permission to file for readmission to permanent residence. His offense, if done because of a misdemeanor, may make him still eligible, and there may have been an error, on top of that by the criminal trial court to explain his rights to him properly or the harm to his immigration status by pleading guilty. Even if it was a felony, there may be instances where it is not an aggravated felony or crime against moral turpitude (some assaults, for instance, may not be an aggravated felony). If your friend wants to explore his options further, have him call or e-mail me to set up a phone or in-person consultation.
Answer Applies to: California