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

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. 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 attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  2. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. 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 other state rules. This attorney advertisement does not establish an attorney/client relationship, which is only formed when you have signed an engagement agreement.


  4. 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.


  5. 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.

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