Yes, it is likely the person you mentioned may be deported from the United States. I hasten to correct your belief that the charges were dismissed. For immigration purposes, a defendant has been convicted, if such person was either ordered to pay a fine; do community service or made to do probation So, if the court ordered the defendant to do anyone or more of these conviction, the charges were not dismissed, the person is not found innocent but is instead guilty. If the charges were dismissed as you suggested, none of these would have occurred. Now, depending on exactly what the person was convicted or pled, to, it may or may not be a deportable crime. But even if the person was not found guilty, if the person was out of status, that is enough for DHS to seek to deport the person as an overstay.Also, if the person is in legal status, a criminal conviction will justify DHS' decision to revoke the visa. Also, if as it appears here, the person was convicted of a deportable offense, then,it is an additional reason to seek his deportation. With regards to your final question, I strongly suggest that you advise the person to consult with an experienced immigration attorney because, how the immigration case ends, will determine if and how the person can remain in the US or be allowed to come back to the US.
Answered on Jul 11th, 2013 at 7:38 PM