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.
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
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.
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