Impact of summary harassment 18 §2709(a1) on permanent resident

It appears you have identified this as an option for a resolution of your case that has not been formally entered into at this point. While a guilty plea to the summary harassment alone may not be problematic, you should consult with an immigration attorney who you can provide a complete background of your case and specific terms of this resolution BEFORE you enter into any program and plea. It will be more difficult to undo what has already been done in the future. You need to protect your rights and interests in both the short- and long-term.

I could not agree with Mr. Curry more and he has provided you excellent advice. DON'T DO ANYTHING UNTIL SPEAKING WITH AN IMMIGRATION ATTORNEY. It is a very intricate and complicated area of the law that has gotten much more strict after 9/11. I am not an immigration lawyer so please speak with one but I have dealt with the issue due to my criminal defense background. With the above disclaimer out of the way, it's my understanding that resolving a case by way of ARD should not effect you if you are a permanent resident. Now, if you're applying to be one that may be different. However, ARD is not a conviction, assuming you complete it successfully, and therefore should not trigger deportation or removal proceedings if you were here legally at the time you picked up the harassment charge. Additionally, it is my understanding, that the crime must be punishable by a year or more of probation/incarceration in order for it to even be considered "a crime of moral turpitude", which is the immigration standard for deportation. A summary offense is only punishable by a 90 day maximum. Therefore, again, you should be okay even if found guilty. I know I keep qualifying my answer but I want to make it clear that I'm not an immigration lawyer and I also don't know your specific situation or standing in the U.S. I am speaking mostly of what constitutes a deportable offense that could trigger removal proceedings. I can not speak to how ARD or a conviction would effect future naturalization. I can't stress enough the importance of speaking to an immigration attorney. I had a client that I insisted speak to an immigration attorney before taking a plea and he refused because he just wanted to get out of jail. He pled, got out of jail and about 6 months later, ICE showed up at his door and took him into custody and now he's fighting to stay in the country. As Mr. Curry said, it's difficult to get things undone later so you want to know answers to all of your questions before you enter into any disposition in court. I know immigration attorneys that I could refer you to if you're interested in speaking with one. Just reach out to me if you need further assistance. Brian M. Fishman [email protected] www.PhillyCriminalDefense.blogspot.com

Immigration law is very particular and you should seek a local immigration attorney as soon as possible to have your questions answered. When faced with the possiblity of deportation, it is worth investing the money in someone who can tell you what to expect. If you are unfamilar with any immigration attorneys in your area, contact the local bar association and ask for a referral. They will likely have a list of immigration attorneys that you can contact.