Serving The Immigration Needs Of The San Diego Area Since 1984

Law may prevent some deportations

On Behalf of | Jan 19, 2012 | Criminal Defense

Immigration news has been all over the headlines in recent years. However, one particular case has not made the same kind of splash other stories have. A California man faced deportation and removal proceedings, but avoided deportation due to a little known intricacy in immigration law. This man recently became a legal resident because he entered the United States legally.

As a young boy, this man came to the U.S. with his family. For many years, he lived in fear of deportation because of his undocumented status. Yet he was determined to create a family; he now has a wife and child. When the man learned he would be able to legally stay with his family, he was overjoyed.

When the man first came to the U.S. with his family, he had been “inspected and admitted” at an official border crossing. This fact, along with his wife and child’s U.S. citizenship, led to the decision to grant him legal residency.

The ruling in favor of the California man came primarily as a result of a 2010 case involving a woman’s immigration status. She crossed into the States in a car with a U.S. citizen. Because she legally crossed the border, she was not deported.

The legal community and immigrant advocates are unsure exactly what this application of immigration law means for future cases.

The threat of deportation is real — and rather scary — for a great number of people living, working and raising families in California. Yet this ruling may lend hope to some cases. With the right resources and advice, people fearing deportation may be able to continue their lives alongside the people they love in the place they call home.

Source: The Republic, “Immigration law’s wrinkle blocks deportation in Calif.,” Stephen Magagnini, Jan. 18, 2012