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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106927
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My friend is in jail for attempted strangulation of his then

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My friend is in jail for attempted strangulation of his then girlfriend. He is only in US on a work Visa from Australia. His Visa and passport have expired. His trial is next week. Is there a good change he will be deported if found guilty?
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Well, visa is what allows entry. But has his I-94 expired? If so, how long ago?
Customer: replied 3 years ago.

He has been held in jail since last September. His VISA expired around January or February of this year. He is representing himself and has asked for continued delays . The trial is scheduled for next week

But I need to know when he legal stay expired. Because the visa only controls entry, not how long he can stay. Neither does the passport. The passport can expire and he still could be in legal status. Do you know when his legal stay expired? Or if it did?
Customer: replied 3 years ago.

I do not know the answer to that question.

Ok. Let's assume that he is still in legal status. If he is not convicted, then he will not be deported. If he is convicted of domestic violence (it doesn't matter the sentence), then yes, they will deport him. There is no waiver (forgiveness) for that type of crime available in the immigration context. If he is able to reduce the crime to something that is not domestic violence, then he may be able to avoid deportation.

If his I-94 (legal stay) has expired, then they can deport him just for having no legal permission to be in the U.S. If he is not convicted, his chances of actually being deported are lower because the U.S. government doesn't have the money to deport everyone that is deportable. So they are focused on those that have crimes.

You can take a look at this official link so that you can read more about it:


http://www.ice.gov/doclib/news/releases/2011/110302washingtondc.pdf

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