Does probation sentence lead to deportation

My husband was charged with battery under the family violence act during his prior marriage. He was sentenced to 12 months confinement to be served on probation. He has recieved a notice to appear now. Is his sentence of 12 months probation going to lead to his deportation. Please help with any information you can provide we are very anxious about this. He has 2 children with his last marriage that he has custody of and is the only provider for all of us.

That depends how the charge was really classified and the seriousness.

It does not sound as if he will be automatically deported for that. But I would suggest you take the actual court papers to an immigration attorney and have them reviewed as well. It will only cost a nominal sum but will help you to know precisely what you should do.

Thanks for the response. The charge was classified as a misdemeanour by he state court, however the judgementsuggests that the sentence was to be served in the county jail confinement for 12 months but it may be served on probation for the whole duration. The issue is that INS is suggesting the sentence to be 12 month confinement and not considering that he was never imprisoned and he was ordered that he do the time on probation. We have talked to one attorney and he has suggested that unless the court signs a scrivener's error motion to clarify that the sentence was to be served on probation and not confinement there is nothing he can do to cancel removal. Is this true. Please help.

If it is a county sentense and is coded in months (12 months) it should not be a problem. I know when they code it as a 'year' it gets registered into a state system which then reports him to INS.

Originally Posted by Unregistered Thanks for the response. The charge was classified as a misdemeanour by he state court, however the judgementsuggests that the sentence was to be served in the county jail confinement for 12 months but it may be served on probation for the whole duration. The issue is that INS is suggesting the sentence to be 12 month confinement and not considering that he was never imprisoned and he was ordered that he do the time on probation. We have talked to one attorney and he has suggested that unless the court signs a scrivener's error motion to clarify that the sentence was to be served on probation and not confinement there is nothing he can do to cancel removal. Is this true. Please help.