Skip to main content

My father was released & detained by INS felony is a 245(a)(4). Do we have a fighting chance if we hire a immigration lawyer?

San Francisco, CA |

My father is nearly 70 years old and has been a permanent resident with a green card in the US for 30 years. He has been living here for over 35. He has never been out of the country since he's moved here from South Korea. His wife is almost 70 years old, permanent resident and green card holder for over 40 years with known health issues. (Cataracts - so she cannot drive, suffered a brain aneurysm 15 years ago and a stroke 20 years ago). She does not work for obvious reasons and has solely been supported by my father. All three of his children are US citizens.

He took a plea deal of 3 years after pleading no contest. This case was by his former employer who has many cases against her, 7 court recorded cases as her as a defendant.

Attorney Answers 6


  1. Hire an Attorney. An Attorney may be able to negotiate criminal sentence modification and request a cancellation of removal, or pursue other avenues depending on the entire case. It's better to be safe than be sorry. He can't defend himself in court, he needs an Attorney, or better still hire him a Crimmigration Attorney.


  2. Maybe yes, maybe not. But one thing is sure: without an experienced immigration attorney eminently familiar with the immigration consequences of criminal convictions dad can kiss this country "bye bye", for life.

    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.


  3. Maybe yes, maybe not. But one thing is sure: without an experienced immigration attorney eminently familiar with the immigration consequences of criminal convictions dad can kiss this country "bye bye", for life.

    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.


  4. Show the record of conviction to an immigration attorney to see if your father qualifies for relief from deportation. 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.


  5. I'd need more facts before a real good answer can be given. Right now it's a "maybe/maybe not" kind of situation.

    What I can tell you is that without a lawyer, its a "probably not situation".

    Law Office of Daniel M. Wigon This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.


  6. You should consult an attorney and bring your father's criminal case files. It may be possible for him to renegotiate his plea and avoid deportation. However, without looking at the file it is impossible to say whether he can stay. Do not concede deportability especially in this case where both your parents are elderly and your mother requires his help. Speak to an immigration lawyer as soon as possible.

    Gabriela M. Lopez, Esq.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics