Legal Question in Immigration Law in California

Re: My brother has an ins hold

Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: My brother has an ins hold

Even before your brother's immigration problems begin, he has a criminal problem with the State. He needs to defend himself against the possession for sale charge by hiring a criminal defense attorney or, if no money, a public defender is assigned. He may go to trial to fight it if he believes in his innocence, or plead guilty to some kind of reduced charge (simple possession, get probation for first time offense), but I highly recommend the criminal defense attorney consult with an immigration attorney since pleading guilty to the wrong thing could lead to major immigration consequences later.

Once the criminal case concludes and your brother is released from state custody, because he has been living illegally in this country he's subject to deportation. If this incident with his friend had not happened he might have continued to live under the radar. However, he got unlucky this time and came to the Immigration's attention, so he will be released to the custody of Immigration and transferred to a detention center such as in Lancaster. There, he (or the family) needs to hire an immigration attorney experienced in representing people in deportation proceedings in front of the Immigration Court. He might have a chance for relief and get his green card since he's been living here for 20 yrs and has a baby girl.

Once in Immigration detention, if he has no criminal records, your brother might be able to be bailed out. You should consult with an experienced immigration law firm, such as ours, that handles this type of cases since your brother's right to remain in this country is at stake.

Larry L. Doan, Esq.

(Straight-talk on Immigration Law at www.GuruImmigration.com)

Note: The above response is provided for information 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.