Father currently doing four months in jail for DUI and has an immigration hold.
The DUIs, by themselves are not really the problem here. The illegal entry is. Hire father the best immigration lawyer money can buy.. and you are in AZ.. ouch! Is Arpaio still active there? Hurry! Time is of the essence here.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Petition? Sure. See the father immigrate? Not likely. Why not? Neither adjustment nor conventional waiver of unlawful presence is available. Stateside waiver seem to be available on the face of the regulations though it remains to be seen whether it is. Talk to an immigration lawyer.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Four months for a DUI? This is not the usual DUI. Schedule a consultation with an experienced immigration attorney. Please see
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
If the U.S. citizen son is 21 years or older, he can petition to have his father recognized, for immigration purposes, as the parent of an adult U.S. citizen. Whether the father can then apply for residency on the basis of that approved petition will then depend on a host of factors not revealed in your question.
The first thing you'll want to consider is the manner of his entry. You say the father entered "illegally." Can you be more specific? Did the father evade inspection entirely, or did he go through an inspection station where he was allowed in--even though he wasn't supposed to have been let in?
Also, do you know if the father only made one entry, or attempted entry? Once he came to the U.S., did he ever leave? How and when did he come back? Has the father ever had any contact with immigration authorities?
Do you know if anybody every filed immigration paperwork for the father in the past? Doesn't necessarily matter if it was approved--just that someone started the process. For example, maybe the father has a U.S. citizen brother or sister that filed for him many years ago, but the number is still not current? Or maybe many years ago an employer tried to start the process for the father, but then gave up? Or maybe an ex-wife started the process, but then the marriage fell apart?
Do you know if the son ever spent time in the U.S. military?
Besides the DUIs, what other crimes has the father committed?
What is the immigration status of the father's parents? Is the father married? If so, what is the status of the father's wife?
Do you know if the father has ever lied about his immigration status for any reason? For example, did he use fake documents to work? If so, what did he claim to be--an LPR, or a USC?
Even if the father is unable to obtain status through the son's petition, there might be other options worth exploring.
For example, was the father ever the victim of a crime in the U.S.? If so, was he cooperative with the police when they investigated that crime?
Is the father afraid to return to his home country? If so, who is he afraid of, and why does the father think these people will harm him?
How long has the father been in the U.S.? Will he serve the full four months, or will he be released early? How much time has he spent in jail for other crimes? Does the father have any minor USC or LPR children? What about a USC or LPR wife? Parents?
Things are about to get very intense in this father's life. His son should help him by meeting with a reputable immigration attorney in his town to review all of the possible options for keeping him here in the U.S. If the son feels comfortable about that attorney's knowledge, reputation, communication skills and cost, he should hire that attorney to start working right away, so that you have a plan already in motion by the time the father is transferred to immigration detention.
Best of luck,
I agree with my colleagues. 4 months for a second DUI suggests that it might have been an Aggravated DUI on a suspended or revoked license, which could be a crime involving moral turpitude. With the ICE hold, he'll likely go to Florence or Eloy detention center after being released from jail. With two DUIs, he might not get bond from the Immigration Judge in Florence or Eloy. As others have said, a US citizen son (21 years or older) can petition for a father, but that doesn't mean he'll be eligible for adjustment of status or consular processing. Good luck.