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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


  1. 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.


  2. 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.


  3. 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 bill@thelawman.net and put AVVO in the subject line.

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