the case is still in process, he has an arraignment next week, the whole process will take probably a month, if he goes to his appointment his case will be still pending, what should he do?
He should consult with an immigration attorney as soon as possible. Depending on exactly what the charges are, and depending on the outcome of the case in criminal court, it could result in denial of his naturalization application. More importantly, the outcome in criminal court could subject your brother to possible deportation proceedings. The details of the criminal charges are important, and so your brother needs to consider the immigration consequences of what happens in criminal court BEFORE he makes any decisions about how to plead, etc. in criminal court.
I agree that he should speak to an immigration attorney but I also suggest he talk with a criminal defense attorney who has extensive experience handling retail fraud cases for non-US citizens. There are a number of ways these cases can be resolved which will minimize or eliminate any immigration consequences. There are also a number of ways that these cases can be resolved that will have a dire immigration implications and some lawyers do not fully understand how certain resolutions can impact a non-US citizen client.
Of course I have no idea what the facts of your brother's case are and I cannot give any specific advice without more information.
I encourage you to use www.avvo.com to find a 10.0 rated criminal defense lawyer. Most retained criminal defense attorneys will offer you a free telephone consultation.
Mr. Loren Dickstein, Esq.
10.0 Rated Michigan Criminal Defense Attorney
LEWIS & DICKSTEIN, P.L.L.C.
2000 Town Center, Ste. 2350
Southfield, MI 48075
AV Rated (Preeminent) by Martindale-Hubbell
Super Lawyer – Thomson Reuters
10.0 Rated (Superb) – Avvo Lawyer Ratings
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