Olympia, WA asked in Immigration Law for Washington

Q: I am working with a young man who is about to plead guilty to 2 felony charges. He was born here but his parents do not

have legal status. Could his plea create problems for his parents? No one at the court is going to report the matter to immigration.

Related Topics:
2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: More information is needed about the felony charges, which may disqualify him as a petitioner for them depending upon the situation.

I strongly recommend that he retain a competent and experienced immigration attorney for an appointment or teleconference before there are any other complications. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Patricia C. Wall-Santiago agrees with this answer

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago
PREMIUM
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: If “young man” is convicted of a “specified offense against a minor” under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act” or “AWA”) he will be bar from having his family-based petition approved. Unless the Secretary of Homeland Security determines, in his or her sole discretion that the petitioner (young man) poses no risk to the beneficiary (parents); if the Secretary of Homeland Security denies petition his or her decision is not subject to judicial review.

These are very complex issues that can affect his ability to petition for his parents. He should consult an experienced licensed immigration attorney to make sure he does not hamper his chances of petitioning for his parents.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.