I am trying to apply for deferred action, but will a felony charge affect it?

You need to get a copy of court records from the incident and take them to an experienced immigration attorney. You're not providing sufficient details.

It is difficult at this time to confirm whether it would bar you or not from Deferred Action. However, I would certainly argue that a juvenile adjudication is not a felony for immigration purposes. It should be done very carefully. As you may have heard, the DREAM ACT Deferred Action has now given the opportunity for numerous people to apply for the deferred action. This is not residency and it is not citizenship. However, if done properly, it does permit the issuance from U.S. Immigration of the approval of the Deferred Action, which in turn will allow you to get a work permit, remain legally in the U.S. for the duration of the approval of the deferred action and to be assured that you will not be placed into deportation proceedings. Additionally, this procedure will allow for us to apply for the DREAM Act Deferred Action even if you are in deportation / removal proceedings. Additionally, if you already have a removal or deportation order, we can apply for this relief. Finally, even if you or somebody you know is outside the U.S. that has been deported, but would have qualified, that person also is eligible to apply for the DREAM Act Deferred Action. Keep in mind a few advisals: 1. If President Obama is not re-elected, this form of Deferred Action may be denied and/or revoked; 2. There are no derivative beneficiaries that can apply for this type of Deferred Action. Therefore, there is a risk that you may get the approval, but your parents may be targeted to be placed into Removal Proceedings. However, at that point, depending on the particular case, we may be able to be retained to prepare and submit a Request for Prosecutorial Discretion.

You need to get a certificate of disposition from the court. You parent should be able to get it for you. If your parents aren't here or cannot go to the court, an attorney could do it for you. Depending on how the case was processed, and on its outcome, you might be able to apply for deferred action now, or after you will turn 18, or never. When you have the certificate of disposition, get a consultation with an immigration attorney not with a *notario*, not with an "immigration consultant", not with a we-do-it-all ambulance chaser, not with a subway advertiser - but with a real immigration law attorney. If you don't know one, call American Immigration Lawyers Association for a referral. Or you can call my office; I will give you a consultation without a charge.

You will need to get a copy of your full record for an immigration attorney to review prior to applying for the new deferred action program.

If that's the whole story, it doesn't sound like it will be a problem. Convictions are a problem, but arrests n this scenario should be okay. No one knows for sure since the new process is untested.