Skip to main content

What is p.c 1385 for immigration

Long Beach, CA |

what does penal code 1385 mean in terms of immigration? Thanks

wow great answer Mr. Shanfield and thank you

+ Read More

Attorney answers 4

Best Answer
Posted

Good question. Cal. PC 1385 means that the court has dismissed the action. Some immigration grounds of removal or inadmssibility require a conviction, so if a criminal matter is dismissed without conviction, those specific immigration grounds don't apply. Some grounds are conduct based however (drug trafficking for example), so the conduct could still possibly get the non-citizen in trouble.

I would recommend speaking with an experienced immigration lawyer about this before filing any immigration applications or traveling abroad.

Good luck!

408-457-1549 Legal disclaimer: The statement above is general in nature and should not be deemed legal counsel, as not all factual issues are known. Participants should retain an immigration defense lawyer to review their own legal matter. The information provided does not create an attorney/client relationship.

Asker

Posted

great answer

Asker

Posted

so you mean that it is not a conviction under immigration? Thanks

Daniel Shanfield

Daniel Shanfield

Posted

A prosecution dismissed by the court should not constitute a "conviction" for immigration purposes.

Asker

Posted

thanks your answer explaned alot

Asker

Posted

I wish you were in Los Angeles

Posted

1385 is the authority of a court to dismiss a charge. It cannot be evaluated in isolation.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

Asker

Posted

what do you mean by it cannot be evaluated in islolation?

J Charles Ferrari

J Charles Ferrari

Posted

That the whole court order needs to be reviewed. an 1385 by itself means nothing as to whether there are immigration consequences. You need to retain an experienced immigration attorney to review the court disposition.

Asker

Posted

you mean there are no immigration consequences?

J Charles Ferrari

J Charles Ferrari

Posted

No. I mean that cannot be determined simply because PC 1385 is involved. Determining whether there are immigration consequences requires a review of the court disposition. You need to retain an experienced immigration attorney to review the court disposition.

Asker

Posted

because I had a couple of counts and I plead no contendere to a count with no consequence and the rest of the count was dismissed under pc 1385 with no plea. I was just wondering if the counts that were dismiss is consedered a conviction?

J Charles Ferrari

J Charles Ferrari

Posted

You need to retain an attorney

Asker

Posted

I already talk to an immigration attorney and he said I am ok thats why I just want to know what the pc1385 means

J Charles Ferrari

J Charles Ferrari

Posted

Then you have your answer.

Asker

Posted

well thanks anyways

Asker

Posted

thanks Mr. Ferrari

Posted

I agree with Attorney Ferrari.

Please see

(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.

Posted

I agree with my colleagues. Consult with an immigration attorney before you file anything with USCIS.