What is a conviction in the immigration context?

Mark RollinsCriminal Law

I was not Convicted can I still be deported or denied Entry in the United States? What is a conviction in the immigration context?

8 USC § 1101(a)(48)(A) defines:

  • The formal judgment of guilt; or plea of guilty or nolo contender or admission of facts sufficient to warrant a finding of guilt
  • judicially ordered punishment, penalty, or restraint on liberty.

What is not a conviction in the immigration context?

What is NOT a conviction for immigration purposes?

  • A juvenile delinquency adjudication.
  • Deferred dispositions may or may not constitute convictions depending on whether a guilty plea is required and other factors. See, e,g. Crespo v. Holder, 631 F.3d 130 (4th Cir. 2011).

What Should I do If I am not a Citizen and arrested in the District of Columbia or Maryland?

So you should seek the advice of an experienced criminal lawyer if you are arrested because even if the prosecutor agrees to dismiss the case through a diversion agreement you can still be convicted for immigration purposes. You should read our blog regarding deportation or denial entry into the United States. You Should contact Rollins and Chan Law Firm at 202-455-5610.