Immigration law regards expunged crimes to be the same as regular convictions. If you are an immigrant (whether with a visa, green card, or no status at all) and you have been arrested, be sure to consider the immigration consequences of pleading guilty or no contest, even if you have your green card. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. You can also change some of your preferences. Possession of marijuana is considered a non-significant misdemeanor. Alert: On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide, including in New York, Connecticut and Vermont. However, for immigration purposes a deferred adjudication still counts as a conviction. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience.
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If you would like to talk through a situation you are dealing with, or if you need advice on any aspect of employment law, please contact any member of the Pure Employment Law team (01243 836840 or [email protected]).
2. It is important to analyze the present and possible future immigration consequences of a criminal matter. This is perfectly acceptable as the Immigration Act only requires 5 years of good moral character before filing for naturalization. Fact: A conviction could still exist under federal immigration law even when a dismissal of the case means there is no conviction under state law. It is especially important that your charges be handled competently, because if you are ever deported on the basis of committing certain types of crimes, it may not be possible for you to ever legally come to the United States again. If you have been arrested for a crime that could have immigration consequences—most likely because it could be considered either a crime of moral turpitude or an aggravated felony—you must take all possible measures to avoid a conviction.
All information available on our site is available on an "AS-IS" basis. If you have already made a plea bargain and been convicted of a crime that could make you deportable, you should explore whether there is anything else you can do to avoid deportation.
We need 2 cookies to store this setting. (You must log in or sign up to reply here.). The most common include: Myth #1: The “dismissal” of my criminal case, after I have met certain conditions, means I have no “conviction” under U.S. immigration law. If you have been convicted of a state crime that makes you deportable and are unable to get your conviction vacated by any other means, you could try to get a pardon from your state governor, pardoning panel, or prisoner review board. It only takes a minute to. If a judge vacates your conviction for any other nonconstitutional basis (for example, because he or she feels sorry for you and doesn’t want to see you deported), this will not help you in immigration court. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website.
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