Conviction defined for purpose of deprtation

[AmericanWannabe]

GROUNDS FOR DEPORTATION [apply to
lawfully admitted noncitizens, such as a lawful
permanent resident [LPR] – greencard holder]

Domestic Violence conviction or other domestic
offenses, including:
- Crime of domestic violence
- Stalking
- Child abuse, neglect or abandonment
- Violation of order of protection (criminal or civil)

Conviction Defined:

“A formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where:
(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted
sufficient facts to warrant a finding of guilt, AND
(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.”
THUS:
◆ A drug treatment or domestic violence counseling alternative to incarceration disposition could be considered a conviction for
immigration purposes if a guilty plea is taken (even if the guilty plea is or might later be vacated)
◆ A deferred adjudication disposition without a guilty plea (e.g., NY ACD) will not be considered a conviction
◆ A youthful offender adjudication will not be considered a conviction if analogous to a federal juvenile delinquency disposition
(e.g., NY YO)

Source: NYSDA

 

[AmericanWannabe]

So for purpose of immigration, a derffered adjudication with a guilty plea
is till considered conviction even if the judge dismissed case
after teh defendent sucessfully compldted the probation term.

There are other similar situations like PTI (pre-trial intervention)
etc.

These programs are usually used only for first time and
minor nonviolent offense. So even with convction, it may be
still OK woth immigration. But the CIS and criminal
court don't see eye to eye about seriousness of the crime.