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  1. #1
    Join Date
    Jan 2009
    Posts
    5

    Default When Will Criminal Offenses Lead to Deportation

    My son now 18 and a green card holder since December 2005 (entered legally in 1999 - changed status when I got married to a US Citizen and became a child of the marriage)..in December last year went out with other boys and took some snow mobiles - he was the one that did not actually take them but other boys did and he was charged with various offenses but got them reduced to Criminal mischief 4th and petty larceny and was put on probation for 3 years, ordered to do community service and spent 2 days a week in local jail for a period of 6 weeks or so(went in on a Monday and came out every Wednesday)..he also was ordered to pay restitution which has been paid:
    He was charged above under YOUTHFUL OFFENDER - is this NOT a conviction in the eyes of the Immigration?
    I read it is not considered a conviction in NY;


    In February this year he was caught with another boy in a gas station apparently taking cigarettes - the other boy stole cigarettes and took them out the store but my son picked them up to take a carton but hurriedly put them back on the shelf and left - he was charged with petty larceny - at court the DA said he would dismiss the case as it was his first offense although the snow mobiles case was pending at the time but he was not convicted/plea bargained that until AFTER this court and dismissal - apparently if the case is dismissed it does NOT go on his record BUT what if he is found guilty or pleads to charges after this dismissal? - can they bring the case back and charge him or? - or would they just not bother or?
    (This all happened in Upstate NY

    So my son goes to court and gets a plea bargain after this dismissal and gets the above:

    He is then on probation:
    Then he is with another group of teens that decide to damage some mail boxes and throw them around and some path/garden lights - he did not join in but a boy threw a small light at him and he threw the light into the garden and walked on:
    This case is pending and he is charged with criminal mischief 4th - no outcome yet or plea bargain:

    Lastly he was with another teen 3 weeks ago and they both went to another friends small home and had been there many times before and told us that the friend said they could go in anytime they wanted even though he was not there - (the boy now retracts that and says he never gave them permission to enter) they got there to see if he was there and as he was not the OTHER boy my son was with climbed in a window that was open and let my son in the front door:
    They sat and waited for their friend cooking pancakes while they waited:
    Then the boy my son was with got a text that his girlfriend was 'dumping' him and he jumped up and started to lash out and cause damage and my son tried to stop him which he did after a while:
    The other boy then stole 2 items from the mothers bedroom and ran off to another friends house and my son closed the door and followed him:
    My son got to the house and left the other boy there with the stolen items and subsequently was arrested (after the Police said they would try not to charge him as they knew the other boy damaged the property in the house and stole 2 items) but they came back and arrested him and charged him with Burglary in 2nd:

    after consultation with a lawyer and the DA we are 99% this charge will be reduced to a simple trespass:
    He now has violated probation of course and has that to deal with and we are hoping he will be put back on that and given stricter rules:
    He was charged - top of page as a youthful offender on the two charges mentioned regarding the snow mobiles:

    I can only see one CMT here in the gas station cigarette charge (which was dismissed) and also I see the youthful offender charge in the snow mobiles petty larceny BUT there was no intent to steal snow mobiles on his part or intent to take permanently in that case etc:

    What is your advice and also what are his chances of facing deportation or does any of these with the facts you see come under CMT?

    I appreciate your responses..I am his mother a green card holder from England -we are both from there originally.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: When Will Criminal Offenses Lead to Deportation

    It would really be in your (and his) best interests to address your questions to an attorney in your area specializing in immigration, in particular since your son is a juvenile.

    A single misdemeanor offense is usually not enough to get one deported. A pattern of such offenses, however, certainly CAN, though we've no way of telling you if it WILL.

  3. #3
    Join Date
    Jan 2009
    Posts
    5

    Default Re: When Will Criminal Offenses Lead to Deportation

    Quote Quoting LawResearcherMissy
    View Post
    It would really be in your (and his) best interests to address your questions to an attorney in your area specializing in immigration, in particular since your son is a juvenile.

    A single misdemeanor offense is usually not enough to get one deported. A pattern of such offenses, however, certainly CAN, though we've no way of telling you if it WILL.
    He was adjudicated a YOung Offender in NY here therefore the INS cannot use that as grounds for deportation correct?

  4. #4

    Default Re: When Will Criminal Offenses Lead to Deportation

    I don't think he'll get deported though but I'm sure he'll be having a hard time applying for citizenship in the future. Talk to a lawyer and pls tell your son to hang out with responsible children so he can avoid getting in trouble with the law.

  5. #5

    Default Re: When Will Criminal Offenses Lead to Deportation

    I found out today my sons petty larceny is NOT youthful offender and therefore can trigger immigration deportation consequences:

    He was given 60 days weekend jail and done that:

    His petty larceny charge is a CMT:
    He has been he continuously for 9 years entered legally and green card holder since december 2005:

    He was with a bunch of kids who took snow mobiles and joyrided them - he did not actually take any snowmobiles but went on the back of them when the others took them.....he never took anything or stole anything but was charged the same for being there etc under the law.....under the CMT there has to be intent to deprive permanantly which was NOT the case in this scenario and also there was no violence involved:

    What are his chances of remaining and getting a cancelation of removal?

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