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Does the USCIS Regard a Charge Dismissed After Probation as a Conviction

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  • 02-09-2017, 03:05 PM
    Jim Dandy
    Does the USCIS Regard a Charge Dismissed After Probation as a Conviction
    Hello folks, on a previous post I was concerned about having 2 arrests for possession of marijuana, and wondering how that would affect my citizenship application. I just found my court documents, and if I'm reading these correctly, my case was actually dismissed after completing probation. Can someone please verify, and tell me if this is still a conviction in the eyes of USCIS / immigration Dept?

    "Order discharging defendant and dismissing proceedings...

    Adjudication of guilt was deferred, and the defendant was placed on community supervision. No adjudication of guilt has occurred, and period of supervision has expired. It is therefore, ordered, adjudged and decreed that defendant is discharges from supervision and that proceedings are dismissed." - signed by Judge.

    Later, I had these records sealed.

    So, folks, what say you? Should I be in the clear? This is in the state of Texas and I understand that they don't count deferred adjudication as a conviction, but I'm more concerned with how immigration offices view this.
  • 02-09-2017, 04:17 PM
    adjusterjack
    Re: Translate This Legalese please? Does This Count As Conviction by USCIS
    Quote:

    Quoting Jim Dandy
    View Post
    Hello folks, on a previous post I was concerned about having 2 arrests for possession of marijuana, and wondering how that would affect my citizenship application. I just found my court documents, and if I'm reading these correctly, my case was actually dismissed after completing probation. Can someone please verify, and tell me if this is still a conviction in the eyes of USCIS / immigration Dept?

    I'm more concerned with how immigration offices view this.

    It would help if you showed us what form you were filling out at asks any questions about criminal records.

    Or, you can call up USCIS and ask.
  • 02-09-2017, 04:31 PM
    flyingron
    Re: Translate This Legalese please? Does This Count As Conviction by USCIS
    If you would put your posts all in the same thread like you are supposed to, AJ wouldn't have had to ask what you're talking about.

    AJ: He's talking about N-400, his appliaction for naturatlization.

    N-400 wants EVERYTHING DISCLOSED. It specifically says even things you were told you don't have to disclose. Even things that resulted in a disposition other than conviction. READ THE INSTRUCTIONS. THEY ARE QUITE CLEAR ON THIS.

    If you LIE and do not disclose it will be a bigger issue than your ancient possession busts. Lying on your N-400 can even get your green card yanked, let alone shoot down your chances at naturalization.
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