What is p.c 1385 for immigration

Asked almost 3 years ago - Long Beach, CA

what does penal code 1385 mean in terms of immigration? Thanks

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wow great answer Mr. Shanfield and thank you

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . I agree with Attorney Ferrari.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Daniel Shanfield

    Contributor Level 10

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    Lawyer agrees

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    chosen by asker

    Answered . Good question. Cal. PC 1385 means that the court has dismissed the action. Some immigration grounds of removal or inadmssibility require a conviction, so if a criminal matter is dismissed without conviction, those specific immigration grounds don't apply. Some grounds are conduct based however (drug trafficking for example), so the conduct could still possibly get the non-citizen in trouble.

    I would recommend speaking with an experienced immigration lawyer about this before filing any immigration applications or traveling abroad.

    Good luck!

    408-457-1549 Legal disclaimer: The statement above is general in nature and should not be deemed legal counsel, as... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . 1385 is the authority of a court to dismiss a charge. It cannot be evaluated in isolation.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Rehim Babaoglu

    Contributor Level 15

    1

    Lawyer agrees

    Answered . I agree with my colleagues. Consult with an immigration attorney before you file anything with USCIS.

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