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My friend was sentenced to 3 year probation after a visa fraud case. Can he be deported during that time?

Miami, FL |

One of the conditions for his probation sentence is that he should NOT attempt to leave the country---does that mean he's protected from deportation?

Attorney Answers 3


State law does not override Federal law. Federal law controls deportation. If deportation or removal proceedings are initiated against your friend his probation will not protect him.

My response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you.

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No he is or protected from deportation. If the Feds decide to deport, then he is not voluntarily leaving and therefore, not a violation of his probation. He may not voluntarily leave the country. Hire him a immigration lawyer.

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

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1 comment

David Bradley Dohner

David Bradley Dohner


I am adding this comment in part simply to say hello to my colleague whose comments are always helpful to those posing questions in my opinion, and to simply laugh out loud because one can sort of see the logic here, from a lay perspective, and it would be a truly hilarious outcome if the unintended consequence of a sentence would be a protection of the sort referenced. I do not know exactly why , but that question was clearly asked sincerely; it was not authored by one of our colleagues simply having a laugh; and there is something truly humorous that I can't quite put my finger on about the fact that underlying the question is the fact that statutes frequenty must be amended because unforeseen consequences are birthed as a consequence of their passage every year, truly vexing many a trial court. Best regards, John. I hope all is well. Dave.


A state court judge can not prevent the federal government from deporting someone. Hire an immigration lawyer.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-228-3838 and specifically mention AVVO or email me at and put AVVO in the subject line.

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