What can I do if my brother is going to be deported after probation for one year? 8 Answers as of December 01, 2011

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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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I would recommend that you find an attorney who will look at your brother's case including his entire criminal record and recommend a course of action to you. It may very well be that your brother will be released and not deported. There is just too much information missing in your question and to be fair, this is not the right forum to flesh out this issue. I am pretty sure that there will be defenses that he will be able to present before the Immigration Judge if he's lived here most of his life and has roots in the US and if he has not been deported before, among other things. So, find a lawyer ASAP.
Answer Applies to: California
Replied: 12/1/2011
Law Office of John Vandenberg
Law Office of John Vandenberg | John Vandenberg
Hire the best immigration lawyer you can find and afford. A good starting place is google-searching your local city AILA (American Immigration Lawyer Association) chapter. See who serves on the local AILA chapter's board, and call one or more of them to see if they are interested in the case, or could recommend a good attorney.
Answer Applies to: Pennsylvania
Replied: 11/29/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
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.
Answer Applies to: California
Replied: 11/29/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
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.
Answer Applies to: California
Replied: 11/29/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Your brother should hire an attorney as soon as possible. He may be eligible to remain in the United States, but I would need more information regarding the criminal matter to determine what can be done.
Answer Applies to: New York
Replied: 11/29/2011
Matthew Cameron Attorney at Law
Matthew Cameron Attorney at Law | Matt Cameron
I would have to know much more about the specific offense and sentence, as well as your brother's immigration history. However, it is very possible that he may have options to apply for some form of relief once he goes before an immigration judge. I would strongly advise that you consult with an attorney before he considers accepting an order of deportation.
Answer Applies to: Massachusetts
Replied: 11/29/2011
Fong & Associates
Fong & Associates | William D. Fong
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.
Answer Applies to: Texas
Replied: 11/29/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
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.
Answer Applies to: California
Replied: 11/29/2011
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