Asked over 1 year ago - White Plains, NY
FlagMy friend is in county jail for an "Attempted Indecent Material To Minors-1 " Felony E. since there was no victim because it was a sting. His sentenced will only be time served and then ICE will pick him up. Is there any chance that he can be given the opportunity to an immigration Judge? OR BOND ? He has had a clean record prior to this incident. He also entered the country with Visa. What are the possibilities that he could stay in this country and not be deported? Is it worth hiring an Immigration Lawyer for his case?
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It is always worth consulting with an immigration attorney under those circumstances. He will definitely have his day in immigration court if he wants it. He is most likely bond eligible. Whether he can remain in the US depends on several factors that cannot be discussed here.
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Immigration law and criminal law examines the same events and adjudications in different context. A sentence of time served is still considered an adjudication of guilt for immigration purposes. I agree with my colleague that he should contact an experienced immigration attorney who can examine the facts of his case and provide a legal opinion. If he has not been sentenced yet, I would suggest he contact an immigrationa ttorney asap so the immigration consequences can be reviewed.