Could me and my husband still sponsor my stepson- Immigration.?

[ConcernedParent]

Could me and my husband still sponsor my stepson- Immigration.?
My stepson came legally to the US when he was only 6 years old. He is now 17 years old. I have been married to a his father for 2 years now (I recently just became a US citizen, my stepson was 16 when we married). Unfortunately about 5 months ago, my stepson got charged with a felony (Breaking and entering night time, conspiracy, and accessory before the fact). The DA wants him and his friend to testify against the other 2 involved who are adults already. My stepson and his friend(driver) were never actually inside the house but were arrested inside the back sit of the car waiting to be taken home. Everyone in the car was overage except him. It was proven already that they had never entered the house since witnesses came forward. Could my wife still petition for my son to get a green card or will he be deported if convicted? Serious answers only please. He is also already a sophomore in college, we don't want to lose him.

[mtouch]

Could me and my husband still sponsor my stepson- Immigration.?
My stepson came legally to the US when he was only 6 years old. He is now 17 years old. I have been married to a his father for 2 years now (I recently just became a US citizen, my stepson was 16 when we married). Unfortunately about 5 months ago, my stepson got charged with a felony (Breaking and entering night time, conspiracy, and accessory before the fact). The DA wants him and his friend to testify against the other 2 involved who are adults already. My stepson and his friend(driver) were never actually inside the house but were arrested inside the back sit of the car waiting to be taken home. Everyone in the car was overage except him. It was proven already that they had never entered the house since witnesses came forward. Could my wife still petition for my son to get a green card or will he be deported if convicted? Serious answers only please. He is also already a sophomore in college, we don't want to lose him.

We need more details to be able to help you:

1. who is the biological mother/father of your stepson? are they US citizens ?
2. how did he enter US? what visa?
3. where was he born ?
4. what's his immigration status now ?

[ConcernedParent]

He is currently out of status and from guatemala. He came here with a tourist visa with his father when he was 5 years old. I just became a US citizen. I am trying to petition both at the same time but I have a feeling my stepson will get denied because of the pending charges.

[mtouch]

I say you should petition him ASAP. But be sure to consult a good lawyer regarding the criminal charges so you will know the options available for you. Good luck and keep us posted.