Can a parent of child who is eligible for deferred action have their parent’s removal proceeding stopped?

The parent is currently in jail and is facing removal from US this coming week. Neither the child or spouse are citizens.

Asked on September 14, 2012 under Immigration Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under federal law, a child or the spouse of a person who is subject to a deportation proceeding can file a petition in federal court to intervene and stop the removal proceedings against the relative that you are writing about. Whether such a petition is successful depends upon the facts of a given situation and the applicable law.

As such, I suggest that you consult with an immigration attorney about the matter you have written about.

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