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