QUESTION
Do I qualify for the deferred action even if I have a juvenile felony?
Asked on Nov 19th, 2014 on Criminal Law - New York
More details to this question:
I am currently a 20 year old college student who was brought here at age of 5 and I want to apply for the deferred action but I have a felony (aggravated Robbery) on my juvenile record. It happened at the age of 13. I was scared and I pled guilty because I would only receive 1 year of probation which I finished without any problems. I have never been in trouble with the law again and I am currently in my 3 year of college working on a bachelor’s of criminal justice so I can become a probation officer and help teens that took the wrong decisions. My question is will my record keep me from qualifying for the deferred action? Will the fact that it happened when I was 13 help me? Also I am engaged soon to be married to my high school sweetheart. We have been together for 6 years and she is a US citizen will it be easier to get some sort of green card if she fixes them for me or does my record completely disqualified for any form of ever becoming a legal here in the United States?
3 ANSWERS
Thomas Edward Gates
While the prosecutor will be aware of your record, s/he will likely not prevent you from a deferred action. Keep in mind that you want to try and seek a Stipulated Order of Continuance. If you cannot get the SOC, ten go for the deferred. For the deferred, you will have to plead guilty, however after you completed all the sentence terms and are done with probation, the guilty is replaced with a deferred. You will want to expunge your record afterwards. Similarly, you can get your juvenile record sealed.
Answered on Nov 20th, 2014 at 1:45 PM
3 Awards
Your issues require sitting down with an immigration lawyer. I suspect there are ways to help you. No matter, you will need some help with the application and the risk is too great considering the cost. I find things cost less when you hire an attorney early. Oftentimes an error without an attorney makes fixing it harder and more expensive. I recommend Hans Meyer or Jeff Joseph or Igor Serbinin. They should all be on the internet under Colorado Immigration lawyer and name. If you cannot afford anything, I believe there is an immigration clinic at DU Law or CU Law. They might help.
Answered on Nov 20th, 2014 at 2:20 AM
Speak with an attorney in person about your situation.
Answered on Nov 19th, 2014 at 4:44 PM