Criminal Defense of Immigrants

(D)  Juveniles.  This ground likely also applies to juveniles.  See § 12.29, supra.  Therefore, admitting the truth of a juvenile court petition alleging drug offenses, or admitting drug abuse or addiction to probation or court on the record can trigger adverse immigration consequences.  Since this ground of inadmissibility is contained in the health-related grounds, there is an argument it must be based on a medical examination, rather than on hearsay court records or the like.  Sealing juvenile court records can prevent the DHS from obtaining the evidence it may need to establish facts in immigration court to trigger adverse immigration consequences for the juvenile.

This ground of inadmissibility can be waived for juveniles who apply for special immigrant status.  Exclusion grounds other than criminal or subversive can be waived, including the grounds relating to drug addiction and abuse and HIV positive status.[87] 

[87] INA § 245(h)(2)(B), 8 U.S.C. § 1255(h)(2)(B).  See § § 12.7, 15.47, supra.  For more information, see Special Immigrant Status for Children in Foster Care (available from ILRC, 1663 Mission Street, Suite 602, San Francisco, CA 94103).