Legal Question in Immigration Law in Pennsylvania

My Friend came from India on B1 visa. He punished for 1] simple assault [ 18 & 2701 && A3 ] 30 days jail 2] Harassment [ 18 & 2709 && A4] one year Probation. He will be released from jail after few days. How to know his immigration trail date? Is he incarcerated in immigration jail after his release? Is bail possible from Immigration jail? Is he eligible to re-enter into US after one year?


Asked on 4/09/10, 4:41 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

If there is an immigration hold, then after serving his jail sentense, he will be released into ICE (immigration) custody. The immigrartion may transfer his case to Immigration Court for deportation, unless he agrees to being deported without a trial. Sometimes, a bond can be granted (for example, if he has a wife, children, strong ties to community in USA and is not a flight risk). If not, he can be held in detention until removal/deportation from the USA. No, he will not be able to come back after one year.

He should consult or hire an immigration lawyer who specialized in deportation/removal defense.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, 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.

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Answered on 4/14/10, 7:13 am


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