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?
1 Answer from Attorneys
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.
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