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What will happen If my step dad got pulled over because of a car accident and his visa is expired

Marietta, GA |

Lives in Marietta Georgia

Attorney Answers 5


  1. He needs a lawyer.

    He may be jailed or fined for any charges arising out of the accident.

    And, depending on many details we don't have, he may be deported.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. You need a local immigration lawyer immediately. And your step father should tender the accident claim to his auto insurance company immediately.


  3. Upon seeing that he speaks with an accent or does not fully comprehend the questions posed to him, he could be questioned about his immigration status, asked to show his "green card" and when he'll tell them he has no such thing, he'll be asked to produce his visa,,,,,,,and....ICE will be called to come in and to investigate further. You know what will happen next.

    In case you don't: step dad will next call you from an immigration detention center, telling you or your mom that he has been detained and placed in deportation proceedings. You will then need to hurry and retain him an immigration lawyer who will quickly file a motion for his release on bond, arguing that he is not a danger to the community, nor a "flight' risk. And the "nightmare" will not end there..

    Behar Intl. Counsel 619.234.5962 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. It will not be a good situation. You should contact an immigration attorney as soon as possible.


  5. I agree with the other posts. He needs to report the wreck to his auto insurance carrier and hire an immigration lawyer quickly.

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