What if he was a foreigner?

Sunday, June 12th, 2011
By: Jonathan MontagJ.D.

Plaxico Burress

Plaxico Burress, a former New York Giants and Pittsburgh Steelers wide receiver was convicted of attempted possession of a firearm and reckless endangerment on August 20, 2009, in New York City. A firearms offense is a deportable offense. INA § 237(a)(2)(C).  The statute includes attempts to possess a firearm. A permanent resident is able to seek forgiveness for a firearms offense pursuant to INA § 240A(a) if he has accrued five years of permanent residence and seven years of residence after an admission. In a legal curiosity, firearms offenses are not grounds of inadmissibility, so Mr. Burress could also seek relief through becoming a permanent resident, even if he already was one. To do this he would need to be petitioned by a United States citizen spouse or an adult (over age 21) son or daughter. He apparently has a United States citizen spouse. An immigration judge would have to weigh the positive and negative equities in Mr. Burress’s life in deciding to forgive him or re-adjust his status. Posted May 12, 2011.


 

2 Responses to “What if he was a foreigner?”

  1. I applaud your creative use of the Plaxico Burress saga to educate and comment on U.S. immigration law. Gr8 post! –JB