Many believe a Dismissal of a Criminal Court Case means it will not affect an immigration filing, like Adjustment of Status to get a Green Card or for Naturalization. However, Immigration can consider a Dismissal as a “Conviction” if one of two things occur in the court case:
- If there is an Admission of Guilt, then the Dismissal would be considered a Conviction.
- If there is a Punishment, then the Dismissal would be considered a Conviction.
The US Immigration Agency requires to receive the following documents regarding ANY criminal item, regardless if it was Dismissed, Expunged, or Sealed:
- Court Disposition
- All Court motions and filings
- All Records at the District Attorney’s Officer, especially items regarding Deferred Prosecution Agreements
- Any Prison Records
- Any Police Records
USCIS would review all of the above to determine whether there is an Admission of Guilt or a Punishment.
If you have any concerns, you should speak with a local Immigration Attorney, or you may contact Fickey Martinez Law Firm, P.L.L.C. to set up a Consultation.
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