Is being ordered to continue education as part of a deferred entry of judgment considered a conviction for immigration?
Plea guilty/no contest. Will be dismissed after completion. Ordered to attend school.
A plea, even as part of a Deferred Conviction or Prosecution agreement (dismissal upon completion), can for federal immigration purposes, be considered a plea. It may depend on what the charge that you're pleading to, and what the potential penalties are, along with what your current status is. You should consult with an attorney about making any decision about this.
A plea and a penalty imposed pursuant to a DPA is a conviction for immigration purposes.
It depends on how the agreement is structured and what the role of the court is. For example, if all that has happened in court is that the case has been continued, and the language of the agreement between you and the prosecution does not address the charges, then it is possible that the dismissal might not be considered a conviction for immigration purposes. If, however, the court has made a finding of guilt, and the agreement is part of a plea agreement, then the eventual dismissal would still result in a conviction for immigration purposes. I agree that you should consult an attorney directly to review the details of the situation. Good luck!
The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.
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