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

Asked over 1 year ago - 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 ?

Additional information

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)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    18

    Lawyers agree

    1

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

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Michael Hugh Carlin

    Contributor Level 18

    8

    Lawyers agree

    Answered . 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... more
  3. Lizette Monick Sierra

    Pro

    Contributor Level 8

    6

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    Answered . 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.

  4. Jeffrey Adam Devore

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  5. Colleen M. Glenn

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . 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.

  6. Frank Mascagni III

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  7. Steven M McKany

    Contributor Level 4

    5

    Lawyers agree

    Answered . 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.... more
  8. Don Waggoner

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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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