QUESTION

Is there anything we can do before she gets deported?

Asked on Sep 07th, 2015 on Immigration - New York
More details to this question:
My sister shoplifted and got caught so she was taken to jail immigration put a hold on her. She has two previous deportations and she is married to a US resident and has 14 year, 12 year, and a 1 year old. State is charging her with reentry. Thank you.
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2 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. 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 sister's situation. (S)he would then be in a better position to analyze her case and advise you of her options.
Answered on Sep 11th, 2015 at 1:41 AM

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First, find a good immigration attorney Second, if the immigration attorney does not do criminal defense, find a capable criminal defense attorney to represent your sister in the state court: with 2 prior deportations, a shoplifting conviction will not change her situation much but it is better not to have it, if possible. The immigration attorney might recommend a criminal defense attorney. In any event, make sure that your sister's attorneys know each other's names and phone numbers: because of the immigration side of it, the criminal defense attorney will have to handle this case differently that he/she would if the client were legal in the U.S. Third, DO NOT PUT UP BAIL for your sister. I know this sounds wrong, but it isn't. If you post bail, your sister will not be released; she will be transferred to the custody of Immigration & Customs Enforcement (ICE). ICE can move her into a different immigration jail, usually in Texas or Arizona, and will do so without any warning. It will make defending your sister against the criminal charges impossible, and defending her against deportation even more difficult then in New York. Saving her from deportation will be very, very difficult, but it might be done.
Answered on Sep 10th, 2015 at 6:20 PM

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