Generally, the USCIS considers criminal offenses despite disposition through pretrial intervention, even followed by expungement. In other words, if someone has been arrested for a criminal offense, the USCIS will look beyond a disposition through pretrial intervention to see whether the person admitted the elements of the offense, since such an admission would be treated the same as a conviction. This is true regardless of whether the record eventually is expunged.
There is no substitution for getting certified copies of all disposition documents, including the accusation documents (such as an indictment or citation), the court records showing the plea, the determination of the court, and the court's order. If probation, community service, fines, etc. were imposed, certified court documents showing full satisfaction of those penalties will be needed too. In some instances, an immigration attorney also may have to review the exact language of the statute that is the subject of the offense. Some offenses are key to determining immigration eligibility, but the type of immigration benefits sought (such as adjustment of status or naturalization) will have to be considered too.
[Note: Consistent with policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 *
[email protected]