This person has a criminal record due to alcoholism and hitting his ex-wife. He has been in the US since he was under 20 years old. He recently got deported at the age of 56. US is all he knows. He tried to come back to the US illegally because the country he was at is very dangerous, and got caught in the process by immigration. He is now in jail serving 27 months. Deportation is scheduled after he serves his time. Can he stay if he asks for asylum?
He can ask, but he will not likely receive asylum.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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