I accepted a conviction of a misdemeanor to receive a stay of execution so the case was dismissied and vacated after I fulfilled the conditions which included pleading guilty, paying a fine and doing community service. This was three years ago. I have no other violations prior or post . My arrest was for soliciting a prostitute which may be considered a crime of moral perpitude. I was recently informed by TSA that I may be arrested upon entry into the USA because of this 'conviction', eventhough the case was dismissied and vacated. They said this is due to me having plead guilty. I am very concerned that if I leave the country and re-enter I may be arrested and/or deported.I am also concerned that should I be arrested and convicted again for even a misdemeanor I will be deported. Help!
The immigration consequences of convictions depend on the exact language of the statute under which the conviction took place.
You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You are correct to be concerned. The answer to your questions depends on more details regarding your case but yes, that could be a big problem. This is why it is so important to always speak to an immigration attorney when faced with any criminal charges. I would not travel outside of the United States and I would make a consultation with an immigration attorney to discuss your options. Good Luck.
Family Law Attorney
Hello. I am sorry to learn of your problems. I urge you immediately to have a private attorney assist you and provide you with legal advice for your issues and needs. Your post raises many questions that need to be asked and answered prior to providing you with specific legal guidance. You ought to confer with an attorney and you ought leave the country now and later try to re-enter. If finances are an issue for you, some attorneys, myself included will provide you with a reduced fee. All the best.
Tricia Dwyer, Esq., Immigration Law, Criminal Law, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666.