My 17 year old girlfriend is an illegal immigrant. She is being convicted of prescription drug theft, can she be deported?

Asked over 1 year ago - Indio, CA

My girlfriend was brought to the U.S ,illegally, when she was 2. Since then she has successfully achieved her education throughout elementary and highschool. She had an absolutely clean record up till a recent incident, and is now being convicted of prescription drug theft. Its come to our attention that deportation is a possible outcome of this. If so, what are the legalities of such a decision?

Attorney answers (5)

  1. Joseph James Huprich

    Contributor Level 10

    4

    Lawyers agree

    Answered . There are 2 things to keep in mind: 1) she will be placed in removal proceedings because she is in the US without papers, regardless of her current criminal offense, because ICE will know about her now and issue an NTA; 2) the theft offense might not necessarily make her removable if it falls under the "petty offense" exception (certain criteria need to be met). As with the others, you need to hire a lawyer asap.

  2. Win Chester Eaton

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . The first thing she needs to do is hire the best criminal defense attorney you can find and try to minimize the damages of a conviction. If a plea bargain is possible - try to avoid any sort of a theft charge. Your girlfriend may be eligible for Deferred Action For Childhood Arrivals depending on the outcome of this current matter. Please consult an immigration attorney immediately. She may have options to avoid removal.

  3. Veronica Tunitsky

    Contributor Level 18

    5

    Lawyers agree

    Answered . This is too complex to be addressed on this forum. You should immediately retain a criminal lawyer to work with an immigration lawyer as consequences of failing to can be very serious.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more
  4. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . Yes, it looks like deportation is a strong possibility ... consult with an immigration attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  5. Dahlia Radcliffe-Castillo

    Contributor Level 6

    4

    Lawyers agree

    Answered . Yes. Deportation is a very likely. If she is convicted, she will be transferred to ICE after she completes her sentence. Contact an immigration lawyer asap.

    This website may be considered advertisement under section 7.2 of the New Mexico Rules of Professional Conduct and... more

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