Implications for an overstay and a felony : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread

My sister entered the USA on a visitors visa with her son who is now 15 yrs old . They have overstayed for more than over a year and now her son has committed a felony. She has 2 daughters who are U S citizens and one of them had filed for her. I need to know the immplications for her and her son now. A warrent or charge has not yet been issued for her son as the investigation is still in it's infant stage, but will INS be notified? The police does not know about their illigal status at the moment.

-- Sheryll Maine (, April 12, 2003


The INS may be notified by the police, prosecutor or court.

If your sister's adjustment (final green card application) is pending, there should be little lasting effect on her. For her son, there ae potentially bigger problems. First, he is nto immediately eligible for a green card like his mother. Second, if he is tried or pleads as an adult, many felonies require mandatory detention and pretty-much certain removal with a permanent bar on coming back. However, the rules vary offense by offense, and sometimes it is possible to craft a plea that limits or avoids immigration consequences. If the young man could be treated as a juvenile or possibly as a youthful offender, this would likely also help. He and his criminal attorney should talk to an immigration attorney experienced in criminal removal matters before he pleads or goes to trial. If you are in Connecticut, please feel free to call us at 203 239-2299. Good luck.

-- Michael Boyle (, April 13, 2003.

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