Reza Zavvar, 52, was arrested by Immigration and Customs Enforcement (ICE) officers just metres from his home in Maryland five weeks ago.

He is now languishing in an Ohio prison and has been told he faces deportation to Romania or Down Under – however Australian authorities say they have been blindsided by this claim.

Zavvar, who is not an Australian citizen, moved to the US from Iran in 1985 as a 12-year-old.

He was the only one in the family to not obtain US citizenship.

Zavvar had a green card, but it was removed in 2004 because of two misdemeanour marijuana possession charges in the 1990s.

He was granted a non-expulsion order to Iran, which allowed him to remain in America and continue working legally.

His mother Firouzeh Firouzabadi said Zavvar was taken into custody by immigration agents while walking his dog.

She hasn’t seen him since.

“Being in a grey area with lots of question marks, it’s torture,” she told 9News through tears.

Court documents obtained by 9News show the US Department of Homeland Security declaring its intention to deport Zavvar to Australia or Romania.

The Australian government said it hasn’t been informed of any move by its ally to send over deportees.

“We consider any application for a visa in its merits, we have not been contacted by the US Government about this matter,” a government spokesperson said.

His sister Maryam said the family have no idea what might happen to their beloved brother and son.

“It’s absolutely frustrating, it’s heartbreaking for all of us,” she said.

“He is not a criminal, he is the nicest guy you can possibly imagine. Our society, our community, is not benefitting from whats happening to our family and to Reza.”

Immigration Attorney Ava Beach said she hopes there is no plan to deport Zavvar to Australia.

“Australia doesn’t seek to be a place where America deports people to that aren’t Americans,” Beach said.