Deferred Disposition

A

advisemeplease

New Member
Hello everyone,

I am 21 years old and have a green card for the past 7 years in USA. I recently was charged with CLASS D misdemeanor for furnishing alcohol to minor. We were able to get a deferred disposition for six months. The case will be dropped after six months upon successful completion of the terms.

How does this affect my ability to apply for US citizenship? Should I wait to apply after 6 months?

thank you in advance for your replies,
b
 
I believe you should wait for 6 months, complete all the terms of settlement and ensure the case is dropped/closed - and then file for citizenship. It might be a good idea to retain a good immigration attorney to file your N-400.

Were you arrested, fingerprinted, ...... for this?
 
ravi1985 said:
I believe you should wait for 6 months, complete all the terms of settlement and ensure the case is dropped/closed - and then file for citizenship. It might be a good idea to retain a good immigration attorney to file your N-400.

Were you arrested, fingerprinted, ...... for this?
Click to expand...

Thank you for the quick reply. I very much appreciate it. I was not arrested or finger printed for this. I was given a summon on the site to appear in court.
 
advisemeplease said:
Hello everyone,

I am 21 years old and have a green card for the past 7 years in USA. I recently was charged with CLASS D misdemeanor for furnishing alcohol to minor. We were able to get a deferred disposition for six months. The case will be dropped after six months upon successful completion of the terms.

How does this affect my ability to apply for US citizenship? Should I wait to apply after 6 months?

thank you in advance for your replies,
b
Click to expand...

A deferred disposition with alternate sentencing (i.e. some sort of "alcohol education" program) is very likely to be considered a conviction for immigration purposes. You need to consult an immigration lawyer experienced in criminal law and its impact on naturalization. Its probably not an excludable offense, but you want to be sure before bringing it to USCIS attention.

http://www.nycbar.org/pdf/report/Immigration.pdf
http://hennepin.timberlakepublishing.com/article.asp?article=1015&paper=1&cat=147

Whatever happens, I'm sure USCIS will want you to have completed the probationary period before adjudicating your natz case.
 
boatbod said:
A deferred disposition with alternate sentencing (i.e. some sort of "alcohol education" program) is very likely to be considered a conviction for immigration purposes. You need to consult an immigration lawyer experienced in criminal law and its impact on naturalization. Its probably not an excludable offense, but you want to be sure before bringing it to USCIS attention.

http://www.nycbar.org/pdf/report/Immigration.pdf
http://hennepin.timberlakepublishing.com/article.asp?article=1015&paper=1&cat=147

Whatever happens, I'm sure USCIS will want you to have completed the probationary period before adjudicating your natz case.
Click to expand...


thank you for the links. Looks like time to call an immigration lawyer...
 
Definitely this is a moral issue, and you should get hold of a immigration attorney. Please in future, do not indulge in such acts.
 
Here is the definition of "conviction for immigration purposes"

(A) The term “conviction” means, with respect to an alien, 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.
(B) Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.​

Taken from: US Code, Title 8,1101
 
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