In immigration matters it is your actual conviction, and NOT your arrest record which counts.
Go to the court's clerk office to request your case's Final Disposition Document. Tell them you need it for immigration purposes.
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.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Subscribe to our Free Immigration Newsletter
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Immigration is primarily concerned with the convictions, however the factual background giving rise to the conviction can be relevant in some cases. If you have already resolved the criminal case and are only now worrying about the immigration consequences - you should consult with an immigration attorney as soon as possible because the criminal disposition should have (to the extend possible) been made with immigration consequences in mind. Good luck!
Attorney Mark D. Colson
Colson Law Firm, LLC
40 Russ Street
Hartford, CT 06106
860.263.0055 - Tel
860.838.2822 - Fax
Your immigration status will come into play based upon your sentence at conviction. Even though you may have pled guilty to a misdemeanor in state court the federal system will consider it a felony if your sentence was one year or longer. Additionally, the U.S. Supreme Court recently held that you should have been advised of the consequences a guilty plea would have on your immigration status so you should check to see if that took place.