Suspended sentence and probation for immigration purposes

Asked over 4 years ago - New York, NY

I've heard that one may be deportable if a criminal sentence carries a penalty of at least one year even if that sentence is suspended.Is that true?I received 2 years probation 2 years ago, does that mean i'm more or less automatically deportable? Is probation and suspended sentence the same thing or is there a difference? Are you more or less usually deportable if probation is for more than one year?

Attorney answers (2)

  1. Ekaette Patty-Anne Eddings

    Contributor Level 20

    Answered . It is important to gather your conviction record including the certified court disposition and see an immigration lawyer who has experience in this area.

  2. Lamar Peckham

    Contributor Level 13

    Answered . What you heard is only partly correct. Your question can only be answered if you state the exact code section you were convicted of violating. The length of the sentence is not always the most important fact when determining whether a conviction makes a foreign national deportable.

    You need to get copies of the conviction documents in your criminal case, and take them to an experienced immigration attorney who specializes in deportation defense.

    Lamar Peckham
    Law Office of Lamar Peckham
    555 Sebastopol Rd., Ste. C
    Santa Rosa, CA 95407

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