If my elderly father committed a deportable offense, is there any way to find out if he would be detained if we went into an immigration office to renew?

My 77 year old father is currently in assisted living with early dementia. His wife, who had been caring for him at their home, passed away last week. My father is a resident alien from Canada. However, he lost his green card and we are pretty sure it is not up to date. We would like to renew it in order to get him access to his social security (which he has never collected). The problem is that he has a misdemeanor non-violent domestic violence on his record from 14 years ago. We are learning that it is a deportable offense. We would like to take him down to an immigration office to renew his green card but are afraid they might detain him.

Asked on March 1, 2013 under Immigration Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon your father's condition that you have written about and the misdemeanor offense that happened 14 years ago I sincerely doubt that the immigration department will uncover it and even if it did, your father most likely would not be subject to any deportation proceedings.

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