Legal Question in Immigration Law in Georgia

My older brother is married to an American citizen and he has a two year old American citizen son. My brother was brought from Nicaragua when he was 2 years old, since he has obtained his residence, been an honors student in high school and graduated from University of Georgia. About two years ago he did the biggest mistake of his life, while having problems with his current wife and being separated, he had mutual consent sexual relation with a 15 year old and he was 20 at the time. Since they revised everything they sentenced him to 2 years of work release but immigration put a hold on him. He served 1 year in county jail and had trial for Habeas Corpus two days ago and was denied because of what he did. Everything was going perfect until the state told the judge why he was incarcerated. Is there anything we could do for him to have an opportunity to stay in the U.S considering his clean records before this, educational success etc? If he was deported could he come back any legal way?He is still with his current wife. Whats going to happen next?


Asked on 10/28/09, 12:42 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Unfortunately, it looks like he is facing a removal back to Nicaragua (deportation) and it's very likely that he will be deported. I understand that he is being held by ICE without bail.

Whether he will ever have an option of coming back to USA (if for example, petitioned by a US citizen wife) is hard to say, based on limited inforation provided in your post.

If you don't have an immigration attorney, it's time to consult and hire one.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/02/09, 1:03 pm


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