Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Feb 2008
    Posts
    12

    Default Citizenship

    According to a website:
    "On the other hand, even under the current statute, a state deferral of adjudication procedure should not constitute a conviction unless there has been some finding, plea, or admission of guilt up front. Thus, a New York adjournment in contemplation of dismissal (ACD), or a drug treatment diversion program that does not require a guilty plea up front, should still not be considered a conviction for deportation purposes."
    According to that website ACD in NY is not considered a conviction for immigration purpose as long as i dont enter any guilty plea, hopefully it is true as it is my only hope now
    But since i admitted guilt to the store security, i do not know but the store security probabbly told the police about it and it is possible that it may be written down on the police report, so it means i still admitted to guilt, but will Immigration agency check the police report? is the police report and evidence included in the FBI records?
    Do you know if it is true that an ACD is not considered a conviction for immigration purposes? or did i get the wording wrong as it only says it is not considered a conviction for deportation purposes? because i need to apply for citizenship before my Green card expires which is in 2010, in case there's no way i apply for citizenship after my case is dismissed (after 6 months) and will have to wait for 5 more years to apply for it, will I have the same problems applying for a renewal of Green Card as I'd have when applying for citizenship?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Citizenship

    On what website did you find this?

    It's my understanding that it must be an actual conviction to have bearing on your immigration status. You'll want to consult an immigration attorney to make sure you won't have further issues.

  3. #3
    Join Date
    Feb 2008
    Posts
    12

    Default Re: Citizenship

    I got it from this site:
    http://www.nysda.org/idp/docs/06_Imm...sChecklist.pdf

    I dont know if it's a valid and reliable site

    I've consulted with 2 immigration attorneys about my case and the ACD both said that I'll be able to apply for citizenship in 6 months after my case is dismissed and one of them said that an ACD was a conviction for immigration but I'd still be able to apply for citizenship right after my case is dismissed since my charges are small and not a serious problem since it's petit larceny, and he told me just to show proof of my completion of rehabilitation (stoplift class) and receipts of payments of fines, and then I'd be fine, but I do not know if I can rely on that since if ACD is still a conviction then how will I be fine to apply for citizenship without waiting for 5 more years cause that'd make me inelegible since I'm not showing good moral character. I'll try to consult with other attorneys once I find someone who might want to help me cause I've called other attorneys but they told me that they could not help me until I get my final disposition letter which I wont get until my case is dismissed and I can't wait for an answer
    I've asked my criminal defense attorney and he said that the final disposition letter will only say that my case was dismissed, it wont mention the stoplift class, plus I'll never have to plea guilty or admit guilt in court
    Although the only person I admitted my guilt to was the store security official, the police never asked me anything about the incident. so i don't know if that changes everything

    1. Sponsored Links
       

Similar Threads

  1. Naturalization: Obtaining U.S. Citizenship After Parent Denounced Their U.S. Citizenship
    By homeward.bound in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 11-06-2009, 07:45 PM
  2. Criminal Law Issues: DUI's and Citizenship
    By atd1970 in forum Immigration Issues
    Replies: 1
    Last Post: 08-24-2009, 06:35 AM
  3. Naturalization: Applying for US Citizenship While Applying for Citizenship from Spain
    By Foxtrot in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 02-18-2009, 09:18 AM
  4. DUI and Citizenship
    By bruk44 in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 09-26-2008, 03:56 PM
  5. Marriage: Citizenship and Dual Citizenship
    By JeffreyOsb in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 11-29-2007, 01:59 PM
 
 
Sponsored Links

Legal Help, Information and Resources