State Attorney (Prosecutor) is going to offer me a Withhold of Adjudication for the solicitation of prostitution with 29 years old lady [Section 796.07(2)(e) Florida Statuates] after I plead No Contest on the Court Appearance on July 18.
Are the followings true?:
1. I will not have a conviction on my record.
2. At the federal level and for immigration purposes, it is considered a conviction.
3. I will not face any problem after the Withheld Adjudication until I apply for Green Card.
Is there any better approach so that I will not have a conviction for immigration purposes and/or federal law? How does pre-trial deferment after the court work? Do the sealing and/or expunction of record work better instead?
Currently I have F1 Student Visa. I do not have any prior criminal history record
A "withheld adjudication" is still a conviction for immigration purposes, however since it is a state offense it is not a federal conviction. You may have issues when applying for your residency. You should get a copy of the arrest record and seek an immigration attorney to review it and determine how your status will be affected.
This is not legal advice as many facts are still unknown, and an attorney-client relationship has not been created.
Look at INA 214.1(a)(3) and INA 214.1(b)(1) regarding non-immigrant visas (F-1 is a non-immigrant visa) Get a criminal attorney.
This is not legal advice and a client attorney relationship is not created.
I agree with my colleagues.
1) It will not be deemed a conviction in your "criminal record"
2) It will nevertheless be a conviction for "immigration purposes." Under INA 101(a)(48) the term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some kind of punishment, penalty, or restraint on the alien's liberty to be imposed.
3) You are on a student (F1) visa, the prostitution "conviction" (for immigration purposes) will make you deportable/inadmissible.
Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.
This may result in a revokation of your visa as any violation of the law is a violation of the terms of your visa.
The USCIS considers the withheld an admission of guilt. They also consider consent to a diversion program an admission of guilt. You may br found inadmissible if you attempt to adjust status.
I suggest you retain an experienced immigration attorney who also knows criminal defense.
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