You should take the court records and speak with an attorney who has experience with criminal-immigration matters. It's important for an attorney to look at the exact wording of the charges, conviction, and sentence. Generally speaking, though, if a case is dismissed without any admission of guilt, then there should be few immigration consequences, if any.
This general advice does not create an attorney-client relationship.
I agree with colleague you should be fine as the case was dismissed but please obtain the final court disposition and consult with an experienced immigration attorney. Please also keep in mind that DACA is a discretionary form of relief.
Dismissed offenses are not convictions and should not affect your eligibility for Deferred Action. However, you would be wise to show documents relating to this matter to an experienced immigration attorney.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
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.
I agree with my colleagues - although generally speaking there is no penalty for a dismissed or deferred case, it would be prudent for you to seek the assistance of an experienced immigration attorney in your area. It is extremely important that an attorney look at your final disposition paperwork and confirm that your situation incurs no penalty. Please feel free to contact either myself or any of my colleagues here in the DFW area. My office is located in Plano and the information is below.
Please remember this is not official legal advice, and this is no way establishes an attorney-client relationship. For a free 15 minute phone consultation please call 972-638-7207.