Legal Question in Immigration Law in New York

i had just a hearing in court, and my relative was plea guilty with a mistermeanor 5. he is indocumented and i wish i can know if he would be deported or can he may find a way to fix his case or either expunge the case with the immigration please help


Asked on 1/25/10, 5:17 pm

3 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Unless the congress grants amnesty, or he is eligible for asylum in the US, he will likely be deported.

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Answered on 1/30/10, 5:22 pm
Luba Smal Smal Immigration Law Office

Most likely, after serving his sentence, he will be transferred into ICE custody for removal (deportation).

You didn't provide any sufficient details in your question as to his possible eligibility to stay in USA and apply for any sort of status. I suggest, you consult a knowledgeable immigration attorney (not a notario).

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. We speak English and Russian. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/30/10, 5:28 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

Depends on the circumstances, sometimes it is possible to re-open criminal case. However, if he has no legal status and is not eligible for one (based on a marriage to U.S. Citizen for example), then he might be deported after serving his sentence.

You should contact immigration attorney to determine if anything can be done.

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Answered on 2/01/10, 9:38 am


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