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Suspended sentence and probation for immigration purposes

New York, NY |

I've heard that one may be deportable if a criminal sentence carries a penalty of at least one year even if that sentence is suspended.Is that true?I received 2 years probation 2 years ago, does that mean i'm more or less automatically deportable? Is probation and suspended sentence the same thing or is there a difference? Are you more or less usually deportable if probation is for more than one year?

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Attorney answers 2


What you heard is only partly correct. Your question can only be answered if you state the exact code section you were convicted of violating. The length of the sentence is not always the most important fact when determining whether a conviction makes a foreign national deportable.

You need to get copies of the conviction documents in your criminal case, and take them to an experienced immigration attorney who specializes in deportation defense.

Lamar Peckham
Law Office of Lamar Peckham
555 Sebastopol Rd., Ste. C
Santa Rosa, CA 95407


It is important to gather your conviction record including the certified court disposition and see an immigration lawyer who has experience in this area.