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What makes you convicted of a misdemeanor in terms of offer such as ACD, dismissed, sealed? (Marijuana)

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I am applying for deferred action for childhood arrivals and it states if I have ever been convicted of a significant misdemeanor or 3 or more misdemeanor offense. Now I have been arrested twice for marijuana both finger printed but both were ACD and sealed and dismissed I have dispotions for both. Am I still eligible for deferred action?

Attorney Answers 7

Posted

You might, however bring all the dismissal and adjudication documents to a practicing immigration attorney for a personal review to be sure.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

Any combination of criminal convictions and immigration law requires careful analysis by an immigration lawyer. Please retain counsel to get the best assessment of your case and DACA eligibility.

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Posted

Meet with an immigration attorney ... there is no such thing as a 'sealed' criminal record. Also, ACD cases can still be viewed as convictions.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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9 comments

Asker

Posted

But the clerk at the court said dismissed and sealed I'm from NY nd in what cases can acd be viewed as convictions what will happen if im not approved cause of the criminal records

F. J. Capriotti III

F. J. Capriotti III

Posted

A clerk in a state court has no control over the United States Government Citizenship and Immigration Service. Talk to an immigration attorney before filing any forms with US CIS.

Asker

Posted

i have already filed my case with uscis and i didnt check the box where it says have you ever been convicted of a felony or misdeamenors,

F. J. Capriotti III

F. J. Capriotti III

Posted

Then you need to meet with an attorney immediately ... to discuss filing an amendment to your forms ... you don't want CIS to 'catch' you in a lie when they run your fingerprints.

Asker

Posted

Sir, my marijuana case wasn't considered a conviction since I wasnt proven guilty, otherwise the case would still be open application only asks for conviction, what happens if they deny me in this case

F. J. Capriotti III

F. J. Capriotti III

Posted

Immigration has a different definition of conviction than local states do ... a simple restriction on your liberty (attending classes, community service, etc.) can be deemed sufficient 'punishment' for immigration to call it a conviction: http://www.defensenet.org/immigration-project/immigration-resources/deferred-adjudication-agreements-e.g.-socs-and-other-deferred-dispositions/Deferred%20Adjudication%20Agreements This is why you need to talk to an immigration lawyer.

Asker

Posted

Well an ACD is pretty much nothing and I wasn't assigned any community service or classes , both times the judge said sealed and dismissed. And marijuana is a violation after all whether its immigration or not

F. J. Capriotti III

F. J. Capriotti III

Posted

I am sorry but, in a friendly way I must point out that your research is deficient. My last words are: Meet with an immigration lawyer and ... good luck.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

I could not agree with Counsel Capriotti III more, no matter how diligently you try to convince yourself that ACD is not a problem, Attorney Capriotti III correctly repeatedly responded to you that it MAY BE A PROBLEM.

Posted

This is really a question for a NY immigration attorney so you might want to repost it over there. Have your paperwork together and discuss this with an attorney with immigration specialty.

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Posted

Speak to an immigration attorney!

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

Quite simply, an ACD is not a conviction of any kind.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

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1 comment

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

However, as any good immigration attorney knows a non conviction of a state crime may at times trigger a perception of a crime of moral turpitude for the immigration purposes.

Posted

Generally ACD is not a conviction if you complied with the terms and it is sealed. An immigration lawyer like those at my firm can tell you how it will affect your chances at DACA or other immigration relief.

Hire an attorney today to protect your legal rights.

Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
E. Estrella.Jeffrey@gmail.com
www.EstrellaLawyer.com

The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com

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