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If your Canadian and get a felony will you be deported?

Pompano Beach, FL |

My friend son is Canadian citizen he is a minor the court offered him a diversion program for a felony will he be deported ? Is he no longer safe under the Dream Act? Is his green card or immigration status messed up now ?

They also said that crime of moral turpitude & Aggravated Felony's Bars you from the dream act. And it says that Juvenile Delinquencies are not Moral Turpitudes.

Attorney Answers 8

Posted

Conviction of a felony, depending on what the felony is, could very well be grounds for deportation.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(213) 394-4554 x0
Web: www.shusterman.com (English)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

This person should definitely consult with an experienced immigration attorney as soon as possible. A felony conviction is a very serious matter and usually results in significant negative consequences for immigration. The fact that the person is a minor might, or might not, have an effect on the consequences. This person really should consult with an immigration attorney experienced with criminal issues.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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Asker

Posted

I have read online where they have said that A juvenile adjudication is not the same as an adult felony conviction. So does that bar him from the Dream act ?

Don Waggoner

Don Waggoner

Posted

It could, still bar him. Some juvenile acts are treated as if they were adult acts, even though they were handled in juvenile courts.

Michael Hugh Carlin

Michael Hugh Carlin

Posted

USCIS has indicated that for purposes of Deferred Action for Childhood Arrivals (DACA), they review juvenile law-enforcement incidents on a case-by-case basis. By the way, at this time the "Dream Act" is not a law.

Asker

Posted

He has not been convicted does that mean that he has to put Yes?

Don Waggoner

Don Waggoner

Posted

That depends on the question. If they ask if he has ever been arrested, he has to say yes, if he was arrested. If they ask for the disposition, just tell them, diversion and the charges were dismissed. If they don't ask, don't volunteer. Just don't lie on the form or to the ICE officer.

Posted

I edited your practice area from CRIMINAL DEFENSE to IMMIGRATION to allow more lawyers on thsi site to have access to your question that practice immigration law. You need to consult with an immigration lawyer in your area for advice.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

I agree with my colleagues. You should contact an immigration attorney as soon as possible. A felony conviction could certainly lead to you being deported.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. You should consult a competent attorney for advice regarding your individual situation.

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Asker

Posted

Its my friends son. & I have read online where they have said that A juvenile adjudication is not the same as an adult felony conviction. So does that bar him from the Dream act ?

Steven M McKany

Steven M McKany

Posted

That's correct, they are not the same. His permanent residency status can be affected by the felony conviction.

Asker

Posted

He was given a diversion program.They also said that crime of moral turpitude & Aggravated Felony's Bars you from the dream act. And it says that Juvenile Delinquencies are not Moral Turpitudes.

Steven M McKany

Steven M McKany

Posted

I agree with what my colleagues have said above.

Posted

Most definitely a felony offense will affect a Dreamer and perhaps his lawful permanent residency, if that is the case. More information is needed to give proper advice. Given the criminal offense, seek experienced counsel.

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Asker

Posted

They also said that crime of moral turpitude & Aggravated Felony's Bars you from the dream act. And it says that Juvenile Delinquencies are not Moral Turpitudes.

Lizette Monick Sierra

Lizette Monick Sierra

Posted

This is true. A felony or significant misdemeanor or having 3 or more misdemeanors will make you ineligible. A significant misdemeanor is one where the sentence imposed is more than 90 days incarceration or may be of less time if it involves domestic violence, child abuse, drug trafficking, among others. For this reason, an applicant with any type of criminal history should consult an immigration specialist before requesting relief before USCIS.

Posted

Although I generally agree with the other attorneys, there are two things they did not address and that I thing will make a difference. One is that he is a minor. If the case is in juvenile court, that should make a lot of difference. But the better point is you say he is in diversion. That means that if he successfully completes the program, the chrges will be dropped or dismissed and he will have no felony record other than an arrest. Although the Dream Act may be affected, I don't think his immigration status will be. An immigration attorney can give you better advice as to that.

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Asker

Posted

They also said that crime of moral turpitude & Aggravated Felony's Bars you from the dream act. And it says that Juvenile Delinquencies are not Moral Turpitudes.

Posted

If the son is not a U.S. citizen, he is not a U.S. citizen. That makes him subject to deportation just like anyone else for criminal activity which rises to the appropriate level. A minor can be charged as an adult depending on the minor's age and the facts of the crime.

"Diversion" is a generic term and may or may not be acceptable to avoid deportation consequences. Generally speaking, if the child was being charged as a juvenile in Florida they would know it already since there would not be criminal charges, but dependency charges. The fact that the word "felony" has come up makes juvenile charges unlikely, though not impossible.

Your friend and his son need to consult with an experienced immigration attorney who can work with their criminal attorney to avoid any immigration problems.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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Asker

Posted

The Juvenile court gave him The diversion program.

Asker

Posted

They also said that crime of moral turpitude & Aggravated Felony's Bars you from the dream act. And it says that Juvenile Delinquencies are not Moral Turpitude. Dream act Stop deportation for children that came to america before the age of 16 and attend High school and etc.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

The Dream Act never became law and does not stop an an alien who has been convicted of a crime from being deported. It was a way for certain persons to become permanent residents. Perhaps you are confusing the Dream Act with the DACA program which has similar eligibility requirements. That program, however, does not lead to permanent residence in the United States. It simply allows eligible aliens to obtain a work permit and remain in the U.S. for a temporary period of time. The program can be withdrawn at any time. It is not based on a law passed by Congress, but rather administrative grace. Moreover, convictions for certain types of crimes make one ineligible under the DACA program. Generally speaking, a single finding of juvenile delinquency for a crime involving moral turpitude is not a deportable offense. There are, however, exceptions to this rule. The fact that you are mentioning terms like "Aggravated Felony" confused the issue even more. A criminal court judge has no authority over immigration matters. The time to address all this was BEFORE the child entered a plea to make sure there would not be any immigration issues. If there are immigration issues, their may still be time to address them. This forum is not the place to get case specific advice. As recommended by the many attorneys who have responded to your questions, they need to consult with an experienced immigration attorney,.

Asker

Posted

The diversion program stops you from being convicted. Minors convictions are called Juvenile delinquencies and are not the same as adult convictions. They said that if you have Aggravated Felony's or did a crime that effects your Moral Turpitude that effects the dream act.

Don Waggoner

Don Waggoner

Posted

In Florida, a diversion program almost always results in a dismissal of the charges, especially in juvenile court.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

"Almost" is the key word there. There are lots of possibilities since the facts are very incomplete: Juvenile proceedings, PTI or plea and pass. A Florida withhold of adjudication is a conviction for immigration purposes. This point here is that this person has not made the facts clear so the immigration consequences cannot be fully determined. Juvenille proceedings were never mentioned in the original question and you can't rule out a minor being treated as an adult, especially when a felony is involved. Better to be safe than sorry,

Posted

If he completes the diversion program the charge will be dropped. Ask an immigration attorney about the consequences of a dropped felony in his immigration status.

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