Legal Question in Immigration Law in California

Convicted of a crime, will he loose his residency?

My brother is in a CA prison; his release date is in May this year. He said he is waiting to go to court to see if they allow him to keep his residency or if he looses his green card. My question is can we pay bail to get him out while he finds out what's going to happen with his residency? If so, how do I go about doing that? I have no idea where to start. Should we get an immigration lawyer? Or is this a lost cause and nothing will help. I don't know what he did I was living in Germany when this happened but he has been in prison for about 8 years and I don't know if a lawyer can help him.


Asked on 4/08/06, 3:12 pm

2 Answers from Attorneys
Yano Rubinstein Hinshaw & Culbertson LLP

Re: Convicted of a crime, will he loose his residency?

If your brother has committed a crime that carries immigration consequences, such as an aggravated felony, there is a high probability that he will be placed directly into ICE (immigration and customs enforcement) custody at the time he is released from state prison. He can then request to post bond at an immigration court hearing. Depending on the nature of his conviction and his ties to the US, he may have immigration defenses available that would allow him to retain his legal residence. I highly recommend that you retain an immigration lawyer prior to your brother's release date to investigate the possible immigration defenses, if any, that your brother may have. Our firm regularly represents individuals with criminal convictions in immigration court proceedings. If you wish to schedule a telephone consultation, please call 415.277.1900.

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Answered on 4/09/06, 7:04 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Convicted of a crime, will he loose his residency?

I do these types of cases all the time. If he was in jail for 8 years he is aggravated felon for 8 years and he cannot be bonded out. Does he have US citizen wife or child? How long he was a LPR, what kind of crime did he commit?

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Answered on 4/08/06, 6:08 pm


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