If he is here illegally, he may be subject to removal regardless of whether he is convicted. People can be removed from the U.S. just based on being here without permission.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Is he in removal proceedings?
VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: firstname.lastname@example.org - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com
If he is unlawfully present in the United States or present without valid Status, he is subject to Removal (i.e. deportation).
I would strongly suggest that you use an immigration lawyer.
If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.