Brawley, CA Immigration Law Firms & Lawyers

A plea to any domestic violence charge will make the defendant deport able. The sentence alone will not affect the defendant's deport able as it is the conviction and the charge that ICE and DHS looks at.

This sounds like a case of marriage fraud if she married for the sole purpose of getting a green card. If so, your brother could report her to the USCIS and they would investigate whether fraud was committed. If so, she could be deported, and if that happens, your brother's financial support obligations will end. But this would be a long process, especially if there is more to this story (sometimes women leave their husbands when they feel that they are being abused by them, for example). If she plainly took advantage of your brother and he was nothing but kind to her, he could report this incident as a marriage fraud.

If your parents are caught, they may be able to obtain residence status through cancellation of removal which requires 10 years physical presence in the US, good moral character, and extreme and unusual hardship to a US citizen or permanent resident parent, spouse, or child under the age of 21 and unmarried. The application is made in an immigration court, and denial usually results in an order of removal. I note that there is a recent scandal involving unscrupulous consultants and attorneys who put in weak or meritless asylum claims with or without the knowledge of their clients to get them into immigration court because of the difficulty in getting DHS to issue Notices to Appear (NTAs) where individuals wish to affirmatively appear in court.. The practice is frowned upon by judges, government, and bar associations.  Otherwise your parents could wait until there is a change in attitude in this administration or any future administration that would allow a legalization of longtime residents. Your parents would probably be first in line for such benefit. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.