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What would happen if i got stopped by the police while driving without a license considering that I'm an illegal immigrant?

Atlanta, GA |

I'm an illegal immigrant, I have lived here for 10 years. I have a passport and my aunt has requested us so we can get our papers, so we are waiting for the process to end.

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Attorney answers 2


A person driving without a license may most likely be arrested for driving without one. One will need to consult a Georgia criminal attorney to know whether it is a felony or misdemeanor. Local law enforcement may put an immigration hold on your case if it results in arrest, in which case, a person may be subject to removal proceedings. You should consult a local immigration and/or criminal attorney in your area for more specific legal advice.


In addition to the information in the previous response, note that some jurisdictions in Georgia, such as Gwinnett County, misguidedly have become participants in a program known as 287(g), by which local police departments take on a role in addressing the immigration status of persons who have been arrested. These "287(g) Partners" rarely have sufficient expertise to understand complex immigration legal issues, including the ability to assess whether a person is lawfully present in the U.S. I encourage you to contact elected officials and urge the passage of Comprehensive Immigration Reform legislation on a national basis so that local communities and their police departments no longer will feel a need to meddle in national immigration legal issues.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345
404-320-7000 * 1-877-232-5352 *