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Immigration consequences

San Francisco, CA |

When immigrants arrested for CIMT (petty theft,battery.....) and later case is dismissed or dropped at the court.
1) Is it still CIMT for immigration purposes?
2) Do You still need qualify for petty offence exception?
3) Or USCIS will look for convictions only (I mean outcome)
Gracias

Attorney Answers 3

Posted

1) No.
2) No.
3) Si, correcto.

Buena suerte!

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

I agree with my colleague. What counts is the actual conviction. Still prepare all the court disposition ready to show dismissal of the charge against you.

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Posted

While the conviction is important, it is possible to have a dismissed charge have immigration consequences. That can happen if the charge is dismissed as part of some sort of deferral agreement. You need to talk with an immigration lawyer about this.

This is not legal advice, which requires a personal connection and far more facts. This attorney does not give legal advice to non-clients over the Internet. Confidential information should not be disclosed in this Internet forum.

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