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The driving licence was obtained legally in NC. The person don't have legal documents to be in the USA. She entered illegally and has been living in NC for more than 11 years. She has three children born in USA.

She was stopped a few months ago and ticketed for driving with an expired license. She paid a $50 dollars fine. Now, she was stopped again, this time, she got a court citation. She wants to know what is the possibility of extradition. What can she do about it.

Submitted: 453 days and 15 hours ago.
Category: Immigration Law
Value: $30
Status: AWAITING CUSTOMER ACTION
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Raleigh, North Carolina

Answer

Thank you for your question.

 

Unless she is taken into custody, the chances are slim that she will be in a position that could lead to her deportation. If the court gives her jail time, then upon being taken into custody, the authorities may contact ICE to notify them of her status. At which time, once she is released from criminal custody there is the possibility that she could be taken into the custody of immigration officials. She would be entitled to a hearing before a judge before she would be deported.

 

However, given the misdemeanor nature of what she has done, it is questionable as to whether her crime will garner this much attention from the authorities.

 

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

 

Good Luck!

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Expert: Law Girl
Pos. Feedback: 98.0 %
Accepts: 
Answered: 8/26/2008

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My law firm practices immigration law.

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