Skip to main content

Does a deferred adjudication(action) case constitute as a conviction by USCIS..

Los Angeles, CA |

I was convicted of credit card abuse in Texas in 1991 and sentenced to 8years probation and deferred adjudication, the probation was over in 1999, I was advised that the conviction will be dismissed and all charges will be discharged. I got married in 2001 and went for my interview in 2003 and was asked to file a waiver I601 because of my arrest record. The i601 was approved in 2006, but my wife had divorced me 6 months earlier than my LPR approval. It's been seven years since I had my green card and after I've been scheduled for oath ceremony they called me on the eve of the ceremony that I was not eligible for the naturalization. My question is, was I suppose to have been required to file waiver i601 that took an additional 16 months before my green card was approved.

+ Read More

Attorney answers 1


You need to hire an immigration attorney experienced in handling cases with criminal issues associated. Generally diversion, "deferred adjudication", and expungement of criminal matters in state court is not dispositive of how the federal authorities view your convictions for purposes of immigration. Again hire an immigration attorney with understanding of how criminal acts affect immigration. Be open and honest with your attorney and don't try "figure this out" yourself. Good luck.