Possible deportation

[Nisa1]

Hello, I have some questions I hope someone willl be able to answer. My child's father has a hearing for removal from the country on August 28, 2006. His lawyer is in the process of expunging one of two "aggravated felonys" that my child's father has accumalated in the past. If he is to go before the judge with one of the charges still present on his records ( his family cannot afford the 7,000 it would cost to remove another) will this lessen his chances of being deported or weigh the same as though both charges were present?

Also, I have experienced extreme hardship since my child's father's inprisonment, how can he apply for "cancellation due to hardship".

How can he apply for "voluntary departure"?

Are these options he must apply for before his hearing on the 28th? or request the day of his hearing?

This is a three parted questions of sorts; anyone with advice, please help.

[Mr. Knowitall]

I doubt that expungement will make any difference. The USCIS can consider him convicted unless the conviction is set aside on the basis of actual innocence. He can try requesting voluntary departure through the DHS or judge, in advance of the issuance of an order for removal. If he is being deported as an aggravated felon, he is ineligible for voluntary departure. Even if he is eligible and it is granted, voluntary departure will be followed by a period of exclusion from the country. If he wishes to try to claim a hardship waiver to his period of exclusion, he should consult an immigration lawyer who can review the entire facts and circumstances of his case.