My Brother is going to sentencing court and after time served he will be deported (he took a plea agreament), my Question is how this proces works, how much time dos the immigration have to deport him or is there a chance for him to leave on his own. he dose not live in US and has no interest to stay any longer, he would pay his own flight ticket and leave as as they release him from fed.prison
1 Answer from Attorneys
It all depends. If he chooses voluntary departure and he has documents showing citizenship of the country he intends to be deported to (eg. a passport) it is normally a quicker process.
There are sever consequences for failing to depart after being allowed voluntary departure and so this must be considered carefully. Furthermore if his charge is an aggravated felony (by immigration laws) he will not be able to voluntarily depart.
I would encourage him to speak with an immigration attorney in conjunction with his criminal attorney. The immigration attorney may be able to suggest variations to sentencing or the plea that may reduce immigration consequences.
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