Legal Question in Immigration Law in California

Re: deportation

Did your mom ever become a citizen? Your brothers matter is complex, because when he plead quilty law was different than now and issue is one of which law applies 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: deportation

I don't mean to be harsh but your brother committed murder, as you state, which is explicitly defined as an aggravated felony (AF) in the Immigration Act, so he's barred from receiving any kind of immigration benefit. Even though you state it was in self-defense, he's been in jail for 15 or so years. The immigration judge in deportation proceedings is not going to stop the deportation on any kind of relief or application. Even if your sister is a citizen and petition for her brother, the wait is something like 20 years to get a visa number. Your mother probably came here illegally as you did so the question regarding whether she was a citizen is pointless, and even if she were a citizen, she passed away 26 years ago and didn't file a petition for your brother anyway. Good luck with your brother's case.

Larry Liem Doan, Esq.