Does PTI affects at the time of applying for permanent residence? does it mean i accept guilt?

Asked 12 months ago - Miami, FL

MY CHARGE IS A FELONY 3 DEGREE

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    Answered . It depends on whether you plead guilty or not as part of the PTI.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Theodore John Murphy

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . That depends on whether or not you must plead guilty. It will certainly affect your chances to remain in the US. You need an experienced immigration attorney to help you.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  3. Wendy Rebecca Barlow

    Contributor Level 20

    6

    Lawyers agree

    Answered . I agree with my colleagues. It will depend upon whether you are required to plead guilty. USCIS will also be unable to approve your application until after PTI is completed. It is very important you consult an experienced immigration attorney before accepting PTI.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (... more
  4. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . What is PTI?

  5. Jesus Novo III

    Contributor Level 14

    1

    Lawyer agrees

    Answered . For some charges (DUI comes to mind although BOT is not exactly PTI) you have to admit guilt before being enrolled in PTI. Felonies do not typically require admission of guilt but you should talk to your lawyer. As far as applying for permanent residence, if it is a drug charge or a domestic violence charge, the immigration officer will be allowed to apply what is called "reason to believe" that you in fact committed the crime. For most other charges, they are not allowed to look beyond the final disposition, this is called the "categorical approach". You should definitely consult with an immigration lawyer before applying for green card.

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