Is Deferred Adjudication Still A Conviction Under Immigration Law?
Yes, if you enter a plea of guilty or no contest or if you stipulated to enough facts to warrant a finding of guilt, you will be considered to have a conviction. It is important to remember that Deferred Adjudication/Deferred Probation count as a conviction for immigration purposes. However, Pre-Trail Diversions in some instances do NOT count as convictions for immigration purposes.
The statutory definition of a conviction with respect to an alien is a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where: a judge or jury has found the alien guilty or the alien has entered a plea of guilty or of nolo contendere, or has admitted sufficient facts to warrant a finding of guilt, and the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed. See 8 USC 1101(a)(48)(A); INA 101(a)(48)(A)
Discuss How Deferred Probation/Prosecution Or Deferred Adjudication Could Impact An Individual In Each Scenario:
*Applying For Immigration Status/A Visa For The First Time Goes To Admissibility Issue
Certain crimes may prevent a noncitizen from being able to obtain lawful admission status in the United States. Certain crimes may also prevent a noncitizen who already has lawful admission status from being able to return to the United States from a future trip abroad.
Some of the crimes that will effect admissibility into the United States include, but is not limited to:
- Crimes Involving Moral Turpitude, which includes a broad range of crimes.
- Crimes with an intent to steal or defraud, such as theft or forgery.
- Crimes in which bodily harm is caused or threatened by an intentional act, or where serious bodily harm is caused or threatened by a reckless act. This includes things such as murder, rape, and some manslaughter and assault crimes.
- Most sex crimes are considered crimes of moral turpitude
- Violations of any law of a Federal, State, or foreign country relating to a controlled substance.
- The only exceptions to this are:
- if the crime was committed when the defendant was under the age of 18
- The maximum imprisonment possible if convicted would not exceed one year and the sentence did not exceed 6 months
- It is a single offense of simple possession of 30 grams or less of marijuana.
- If you are convicted of 2 or more offenses, regardless of whether the crimes involved moral turpitude, and the aggregate sentences to confinement was for 5 or more years.
- If it is known, or there is sufficient reason to believe that you are an illicit trafficker.
- This includes anyone who aids, abets, assists, conspires, or colludes to illicit trafficking.
- Prostitution: Including anyone who has been convicted, admitted to, or has had the intent to engage in prostitution. Furthermore, anyone coming to the United States with the sole intention to prostitute or has engaged in prostitution within 10 years of their Visa application will be inadmissible
- Likewise, anyone who tries to procure or import prostitution will be inadmissible.
*Applying For An Extension Of A Visa Or Citizenship
Criminal Bars On Obtaining Us Citizenship
Certain crimes will prevent a Lawful Permanent Resident from being able to obtain full United States Citizenship. A conviction or admission to the following crimes, amongst others, bars the finding of good moral character required for citizenship for up to 5 years:
- Confinement to a jail for an aggregate period of 180 days
- 2 gambling offenses
- 2 or more offenses of any type, plus an aggregate prison sentence of 5 years.
- Crimes involving Moral Turpitude
- Controlled Substance Offenses, unless it is a single offense of simple possession of 30 grams or less of marijuana.
Visa holder can be deportable.
For more information on Deferred Adjudication In Immigration Process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.