Patton, CA Immigration Law Firms & Lawyers

This is a very detailed question and would require an attorney to take a close look at your particular case and the laws in affect at the time you became a citizen. I would be happy to assist you with a legal opinion on the matter. Please contact me if you wish to move forward. 

Your new attorney would have to obtain and review the entire case record to determine whether the case can be re-opened. It will depend on numerous factors, including how well your prior counsel's shortcomings are documented, what (if anything) the judge said about it on the record, and how much time has passed since the order of removal was issued. It matters who was the judge, and whether you appealed to BIA. It matters what consequences for your family your removal would entail, and whether your spouse can show some special circumstances warranting special consideration. Without seeing all these - and some other details - my guess about the likely scenario is no better than yours. The best advice I have for you - find an immigration attorney, preferably a good one, as soon as you can. In this case, time is working against you: the longer you wait before you ask the court to reopen your case for ineffective assistance of counsel, the smaller your chances that the judge will grant your request.

Yes, they can and his overstay will be a problem. However, he may qualify for a waiver. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your father's situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.