QUESTION

What can I do if my brother is going to be deported after probation for one year?

Asked on Nov 22nd, 2011 on Immigration - California
More details to this question:
My brother is a US resident with a felony, about to get deported because of the felony. But he plead guilty to a lesser charge, not felony, and got a year probation. Now he is in a detention facility and will probably get deported soon. I don't know what to do?
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4 ANSWERS

Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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Please consult with an experienced immigration lawyer to determine if he has any relief available to him under the law. Immigration lawyer will need to know about his immigration history, family ties in the US and his criminal record to made a determination.
Answered on Nov 29th, 2011 at 3:05 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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If he is a resident, he will be provided an opportunity to apply for relief before an immigration judge before he is deported. You or another family member must consult directly with an immigration attorney to determine if he is eligible to be released and obtain any waiver. It all depends on his criminal history and when he became a resident and he should not agree to deportation until he has an answer or he will lose his opportunity.
Answered on Nov 29th, 2011 at 3:05 PM

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You should consult with an experienced immigration attorney as soon as possible to determine whether the conviction renders him deportable and assess options for relief. As a permanent resident, he is entitled to a hearing before an Immigration Judge. First of all, the government must prove whether your brother can deported. This depends on the exact conviction and whether the government has sufficient evidence. Even if that is the case, he might avoid deportation because he qualifies for relief from removal because a long-term residence and family ties in the U.S. The immigration police, ICE, might tell him that he cannot do anything and have him leave voluntarily just to make their life easier. He should not agree and first have an attorney help him assess his situation before he makes a decision.
Answered on Nov 29th, 2011 at 2:40 PM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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Get a full copy of the criminal record and consult with an experienced immigration attorney to see if it meets one of the exceptions or if he is eligible for other relief.
Answered on Nov 29th, 2011 at 2:40 PM

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