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What's the Effect of ACD on Immigration Status

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  • 08-19-2011, 02:28 PM
    Acsinclair
    What's the Effect of ACD on Immigration Status
    I am a green card holder (since 2001) and was recently arrested for criminal possession of marihuana- 5th: in a public place. Additionally, I was just getting ready to send out my application for citizenship. At my first hearing, I was offered an ACD but declined because I heard that even after its sealed, it would still threaten my citizenship application. Was this correct?

    Regarding Application
    1. How will this effect my application? / Should I not send it out until this is all over?
    2. If I should send it, do I make any amendments to it?
    3. Accept ACD? Can I ask for a dismissal on grounds that it will effect my immigration status?


    Please help. I don't have a clue as to what's going on!

    Thank you in advance.
  • 08-20-2011, 07:03 AM
    flyingron
    Re: Acd vs. Immigration->citizenship Status:
    ...and a conviction would improve things? Sealed, dismissed, expunged or not you're required to report all this sort of thing on your application. Failure to do so is almost a sure guarantee to be rejected. Your best bet is to get the charges dismissed (or a finding of not guilty), but if your lawyer doesn't feel that such is likely, an ACD, while it will still need to be reported on the citizenship application and count against it will be better in the long run than a conviction.

    I'd hate to hear the response that you want to have your drug charge dismissed because the impact of a criminal conviction would affect your attempt to become a citizen. But feel free to ask.
  • 08-21-2011, 06:07 AM
    Acsinclair
    Re: What's the Effect of ACD on Immigration Status
    Thanks for that.

    Well, they've already offered me the acd, can they retract that because I'm pursuing a dismissal?

    My lawyer told me to get letters from people I know saying that I am a good person with moral character. Also she'll present my citizenship app to the judge and any community service accolades. How often does this work?

    If its all for nothing I may as well take the acd. But I don't know how it will effect my app. Does any one know? i've been in this country for fifteen years and never been in trouble. Will an acd mess up my chances of being granted citizenship?

    I'm also married to a citizen, I don't suspect this will help the app, but its worth mentioning. Does this help?
  • 08-21-2011, 07:18 AM
    flyingron
    Re: What's the Effect of ACD on Immigration Status
    Yes, they can retract the offer. ACD is entirely discretionary on the part of the judge and the prosecutor. Once the trial begins or you plead guilty, ACD is officially barred.
  • 08-21-2011, 07:34 AM
    cyjeff
    Re: What's the Effect of ACD on Immigration Status
    ABSOLUTELY they can rescind the offer. The whole reason for a plea bargain is to avoid folks going to court. If you go to court, all deals are null and void and it is up to the judge.
  • 08-21-2011, 12:55 PM
    T53147
    Re: What's the Effect of ACD on Immigration Status
    Are those people willing to attest to your good moral character aware that you use drugs? If not, please do not put them in this position.
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