MY CHARGE IS A FELONY 3 DEGREE
It depends on whether you plead guilty or not as part of the PTI.
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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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
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.
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Criminal Defense Attorney
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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