Re: what are the chances to NOT get deported?
Good morning:
I am sorry to hear that your brother is in this tough situation.
Depending on the crime (i.e. if it's not an aggravated felony that requires mandatory deportation), vacating a crime may avoid deportation, if that crime was the only reason he is being detained. I would need to know the code sections/charges to better analyze his case.
If there are other reasons for his detention, such as previous illegal entries or deportations, or aggravated felonies, then it may be more complicated to resolve.
A crime can be vacated if at the time of your brother's criminal trial, he was not warned of the potential immigration consequences (like deportation) that may result in him pleading guilty. This can be difficulty to prove, but not impossible. I wouldn't be able to tell you the chances without knowing the specific crimes at issue.
Should you decide to try to vacate his crime(s), we can refer you to a criminal attorney. If the crimes are vacated, we can assist you with the immigration hearing, should you choose.
You can contact me directly at eloreto@loretomedinalaw.com, or refer to our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.
Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.
