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My brother got arrested and I need help because immigration…

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Hello my brother got...

Hello my brother got arrested and I need help because immigration has him on hold

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

No

Lawyer's Assistant: Have you talked to a lawyer yet?

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He got arrested for burglary of habitation and he is not a us citizen but was brought here bat the age of 5

Submitted: 7 months ago.Category: Immigration Law
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Answered in 5 minutes by:
12/9/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,349
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 7 months ago
ok
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Please be aware that it might be bad news. How did he enter the U.S.? Illegally or with a visa? Which visa? What country is he from? How long ago did he enter the U.S.? Has he been convicted yet? If so, what sentence? Please try to answer each question. Thank you.

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Customer reply replied 7 months ago
illegally he is from Mexico he entered when he was 5 years old he is now 23 and no he has never been convicted
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

But he hasn't been found innocent, correct?

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Customer reply replied 7 months ago
yea he is guilty I try to bail him out but it says immigration has him on hold
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Well, if they don't pick him up within 48 hours of posting bond (not including holidays and weekends, the police have to release him. Unfortunately, he most likely has now made himself a priority for deportation. Even if he avoids a conviction, ICE will probably still pursue a deportation because they don't want him to be a danger to the community and the bot***** *****ne is that he has no permission to be in the U.S. anyway. So first, he has to try to avoid a conviction and maybe negotiate something with the prosecutor. After, if he has a U.S. Citizen or U.S. Lawful Permanent Resident that depends upon him AND he can prove that he has 10 years or more in the U.S. AND he can prove that the person that depends on him would suffer EXCEPTIONAL and EXTREMELY UNUSUAL HARDSHIP if he is deported, then he could ask for Cancelation of Removal. This would eventually get him a green card. If he is not able to prove the elements, eventually he would be deported and it would be an issue to try to get him back. He would have a 10 year bar for being illegally in the U.S. and at least a 5 year (if not 10 year) bar for the deportation, and it might even be a permanent bar if he is convicted of burglary and gets a 1 year or more sentence. As long as it is not a permanent bar, he might be able to come back in the future if he has, for example, a U.S. Citizen or U.S. Lawful Permanent Resident spouse that petitions for him and is able to get him the one or two waivers (forgiveness) he would need to come back before 10 years pass. I am truly sorry. I wish I had better news for you.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 7 months ago
is there any way I can get a lawyer to help him out
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

To make sure he never gets deported? Probably not. To delay a deportation, maybe for years? Possibly. First, does he have a U.S. Citizen or U.S. Lawful Permanent Resident that depends on him like maybe a spouse, a child, an ederly parent?

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Customer reply replied 7 months ago
No he doesn’t not have any kids or none of the above but it is his first time in jail
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Unfortunately, that's enough. Because he has no permission to be here, he really needed to have stayed out of trouble. Now he becomes a priority for deportation, even if he can avoid a conviction. So if you are going to try to help him do anything, first it is to avoid a conviction, so he should probably have a very good criminal law attorney to avoid it or to get a significant reduction in the charges. Then as far as deporation goes, if he can avoid a conviction, he can ask for prosecutorial discretion, but they won't give him that if he is convicted. Here is a link:

http://www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Thank you for your kindness and respect. It is not my fault that this situation does not have an easy solution. Good luck to you.

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