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What happens to an illegal immigrant driving without a license?

Georgetown, DE |

My father who is 48 and been living in the U.S. For 20 years has a (real) social security number. A valid state issued I.D. And a job, house, cars (all with insurance), and family here. He had a license when laws weren't so strict but since then couldn't renew it. He was stopped for not stopping at a stop sign and when the cop ask for a license my dad didn't have it. I was wondering what would happen to him. I don't want him getting sent away after all he's done for us to have a life here. Any and all advice will be greatly appreciated.

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Attorney answers 3

Posted

This is far from a simple question. Did the cop take your dad to the precinct? Is he being held under an ICE hold (meaning the police department has alerted the immigration authorities and they have a limited amount of time to claim him for immigration violations)? How did your father get his real social security number?

The bottom line is that you won't get what you need here because this is highly complex. Your parents should be calling the best deportation defense attorney in your area for a thorough evaluation and a plan of action.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

Asker

Posted

He just got a court summon and was told to show up. He was charged with failing to stop at a stop sign and driving without a license. He is not under any sort of custody

Posted

I agree with Ms. Tunitsky, you really should contact an immigration attorney. As with most immigration issues, time is of the essence.

I can tell you generally what happens in the area I practice (Sacramento, Ca). Usually the cops just write them a ticket. If they have a warrant out for their arrest then they run into other problems.

Assuming he doesn't have any previous criminal history, contact an immigration attorney and explore what options might be available to him for obtaining some sort of legal status.

Asker

Posted

He just got a court summon and was told to show up. He was charged with failing to stop at a stop sign and driving without a license. He is not under any sort of custody

Thomas Joseph Baker

Thomas Joseph Baker

Posted

If he hires an attorney, he won't have to go to court. The attorney can go in for him. It is rare, but ICE could show up at the hearing and detain him there. However, this is HIGHLY unlikely unless he has some other criminal past.

Posted

Unfortunately the police can turn him over to ICE simply because he is undocumented. If that happened, retain an experienced attorney right away.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.