Conviction of a felony, depending on what the felony is, could very well be grounds for deportation.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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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.
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.
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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..
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.
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.
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.
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.