Hey everyone,
First time poster here. So last week, I was charged with a felony and 3 misdemeanors relating to credit card fraud. I have evidences to prove my innocence, but as a foreign student I really want to avoid the lengthy process of criminal trials. In my bail hearing the judge said that the most likely course of action for me would be to enter the ARD program for 1st time non-violent offenders in PA. I have read that the ARD program does not get recorded as a conviction, so how would this affect my immigration status (F-1)? Would ICE be able to deport me based on the ground of crimes of moral turpitude?
I am currently cooperating with agents from ICE to catch the real culprit (an acquaintance who lives in Germany). They say that with my cooperation, they would try to convince the prosecutor at ICE not to pursue this matter on a federal level. Is there any way I could make this promise binding?
I have also found this document from USCIS which states that admission into the ARD program does not constitute a conviction under 8 U.S.C. § 101(a)(48)(A). I wonder if this is the default interpretation of the laws? Any advice?
EDIT: another important question is that what would ICE do when they are notified via SEVIS that my college has taken disciplinary action against me as a result of criminal conviction (as required under INA). If I do get admitted into ARD, there would be no violation of status, just a possible ground for removal.
First time poster here. So last week, I was charged with a felony and 3 misdemeanors relating to credit card fraud. I have evidences to prove my innocence, but as a foreign student I really want to avoid the lengthy process of criminal trials. In my bail hearing the judge said that the most likely course of action for me would be to enter the ARD program for 1st time non-violent offenders in PA. I have read that the ARD program does not get recorded as a conviction, so how would this affect my immigration status (F-1)? Would ICE be able to deport me based on the ground of crimes of moral turpitude?
I am currently cooperating with agents from ICE to catch the real culprit (an acquaintance who lives in Germany). They say that with my cooperation, they would try to convince the prosecutor at ICE not to pursue this matter on a federal level. Is there any way I could make this promise binding?
I have also found this document from USCIS which states that admission into the ARD program does not constitute a conviction under 8 U.S.C. § 101(a)(48)(A). I wonder if this is the default interpretation of the laws? Any advice?
EDIT: another important question is that what would ICE do when they are notified via SEVIS that my college has taken disciplinary action against me as a result of criminal conviction (as required under INA). If I do get admitted into ARD, there would be no violation of status, just a possible ground for removal.
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