Hello, and thank you for taking the time to read this. It is a bit of a complex issue. I have read many posts here and around the web, although I have found similiar stories concerning deportation with an aggravated assault. but there is a catch to my brothers situation that makes it unique. I'll try to make a quick edit of his history:
My brother was in this country since he was 4 years old in 1964., He married at 21 and had permanent res. status although he was divorced and has since remarried a citizen. Foolishly, he never applied for citizenship. They have 5 children together. He has always worked, as has his wife, and has always supported his children with no government aid.
Yet, 5 years ago, he did make some mistakes while in business with a freind. He got in trouble for credit card fraud, for which he was arrested.
His lawyer advised him that the prosecuter was offering a plea deal, in which he would plead guilty, have to pay full restitution, and then they would recommend a jail term of less than one year, which would allow him to stay in the country. (He was told that a jail term of more than one year would result in deportation.) This was all on the record, and we have the transcripts.
He agreed, my mother put up her last dime to pay the restitution, and he was sentenced to 11 months, which he served, and a period of probation, for which he was appearing regularly. About 3 months into the probabtion, the INS deported him anyway. Saying they had deemed it an aggravated felony.
As a business owner, he did have a few lawsuits over the years of a civil nature, and some hot checks in his 20s, other than that, no criminal charges. he has learned his lesson.
He would never have accepted the plea deal, if there was a chance of this. Although he certainly was guilty of a part of the fraud, it was nowhere near the amount that was claimed, his partner had the lions share, although noth their names were on the account. and he was ready to fight that in court.
He is now in Germany staying with relatives, he does not even speak German. And his wife and teenage daughters are fending for themselves, with as much help as the family can give them.
Is there any hope? Does anyone have advice?
He certainly did make a huge mistake with the credit card fraud, but everything has been paid back, and my brother is a gifted mechanic, and business owner who would certainly not be a burden to society, He was actually employing 10 or so people. but as it is now, pride is the only thing keeping the family off welfare.
Please help with advise, and any lawyer recommendations.