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Can an undocumented 21 yr old still be eligible for Obama's deferred action on immigration if convicted of felony at 15?

White Plains, NY |

Family member was arrested at 15 for sale of controlled substance and had to go through family court as opposed to criminal, was given a plea bargain for 2 counts of possession with intent to sell, no further arrests or any trouble with the law, will she still be eligible for obama's immigration deferred action?

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Attorney answers 8


If its Family Court it was not a criminal conviction. However, I don't know the exact wording of the Presidential Executive Order. I suggest you consult with an immigration attorney.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at The above answer is for informational purposes only and not meant as legal advice.


This is difficult to answer w/o seeing the actual court papers. Go meet with an attorney ... there might still be hope for you.

Franco Capriotti - Senior Legal Counsel & Former Professor of Immigration Law - Capriotti International Law -

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The Department of Homeland Security has published guidelines already on June 15. There is a link on my website in the news section for the guidelines. If you were adjudicated delinquent then you are not convicted of a crime. However, if you were convicted, you are probably not eligible for the deferred action. If you were convicted of either one felony or one serious misdemeanor you would not be eligible. Contact an immigration attorney for help.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


The law is not yet completed so no one can say yet.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


This question is better suited for an immigration attorney.
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I would think it would be asking for trouble in the form of removal proceedings. The Napolitano memorandum on deferred action for DREAMERS states that deferred action may be denied if the applicant poses a threat to public safety, and I think your conviction would constitute such a threat.

Consult with a competent attorney or BIA-accredited representative.

Daniel Green, Esq.
Serving the Hudson Valley, Northeast, and the World Beyond
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402

This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.


We are still waiting for the exact way that the new policy will be implemented. Speak with and retain an immigration attorney before making any decisions. The exact regulations will be released within 60 days of the June 15th memo. It may be beneficial to have an attorney start looking into the issue for you. My firm will handle these cases in NY.
Nick Misiti
Misiti Global
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


I would encourage your family member to obtain a copy of his/her criminal docket and consult with an immigration attorney.

Hello. Thank you for the question. To be clear: President Obama's deferred action policy is NOT the DREAM Act. President Obama's deferred action policy is a form of prosecutorial discretion that allows an individual to remain temporarily in the United States and apply for work authorization. It does not confer any kind of permanent residence, nor is it an amnesty. Under this program, deferred action would be granted for two year increments and would be renewable.

In order to qualify for deferred action, you will need to show the following:

1. That you entered the United States under the age of sixteen;

2. That you have continuously resided in the United States for at least five years preceding June 15, 2012 and are present in the United States on June 15, 2012;

3. That you are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;

4, That you have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;


5. You are not above the age of thirty.

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