What Is A Deferred Sentence

[nitinsaxena]

Hi,

I along with a friend got accused under third degree theft and now prosecutor wants to give us 365 days deferred sentence along with fine. Will it cause immigration consequences? How many days INS takes to send "Notice to appear"? Can we leave US and go back to our country once we appear in final hearing and get deferred sentence? Will it be a problem in re-entering US again? or can we enter US again after probation period of 365 days ends?

Any help will be highly appreciated.

[nitinsaxena]

Hi,

Me and my friend were accused of third degree theft and prosecutor wants us to give 365 days deferred sentence along with some fine.

What does 365 days deferred sentence means? Does that mean 365 days jail time in condition of probation of 365 days? or it is just a probation period of 365 days and after that case will be dismissed?

Is there any immigration consequences? What i read is - In deferred sentences, only jail time is considered by INS for immigration purposes regardless of period of probation. Is it true?

Please help.

[panther10758]

You have much more to worry about than the deffered sentence. that would be your imigratin issues. You need to talk to an Attorney familar with both criminal and imigration law

[seniorjudge]

Ask the prosecutor or judge.

But generally this means you are on "probation" for a year. If you don't get in trouble for that year, then you are off the hook.

[panther10758]

You should discuss those issues with an Attorney familar with imigration law as you were instructed in your other thread

[nitinsaxena]

Hi,
Thanks for the reply. My attorney talked to prosecutor. They said deal is 12 months deferred sentence, NCLV, some fine and dont return to the store again. But He is not sure about immigration consequences.
If 12 months deferred senetence means just probation and no jail time, i think it will not trigger immigration issues.
I called some immigration lawyers but getting different answers. Some says there will be no immigration issues, some says it will be a problem in coming back to US. Some says, after probation period, you can come back. Some says, u wil never be able to come back to US again. I myself is confused and worried.

[nitinsaxena]

Hi,

I talked to some immigration lawyers and getting different answers. That is why i posted a thread here. I want to know about what does deferred sentence means to immigration?

[nitinsaxena]

Hi,

I was accused of third degree theft. I am about to get 365 days deferred sentence + fine as proposed by prosecutor. I am on L1-B visa. Will deferred sentence of 365 can affect immigration? Can i leave US after the hearing? Please help.

[aaron]

If you plead guilty as part of the deal, the USCIS will treat this as a conviction even if you get a dismissal at the end of your probation. Odds are they would treat it as falling under the "petty offense" exception to "crimes of moral turpitude", but some of the lawyers you consulted were alerting you to the fact that committing crimes while visiting another country can cause you difficulty if you attempt to return, even if you are not ineligible to return. As you chose not to follow the instruction to identify your state, even assuming you otherwise have a clear record, nobody here can give you a specific response as to whether your conviction offense would fall under the petty offense exception.

[aaron]

I see you also disregarded the instruction about double-posting.