It shouldn't. PTI is a diversionary program which results in the dismssal of the charges after one year and successful completion of all the program requirements. If he competes the PTI, there will be no conviction for removal purposes.
Most of the time PTI is the best option to resolving the case. Shortly after the conclusion of the program, you husband would be able to expunge all records of arrest. Probation is different as it would involve pleading guilty to a charge which will then go on his record and may make him deportable.
Unless you husband has an excellent case and can beat it at trial, PTI is the next best thing
PTI will not usually result in deportation. However, be certain that he does not enter a plea in connection with the PTI. It is illegal for the State to request a plea in connection with the PTI, but be aware. Remember, Immigration will look to whether you admitted to the offense when under oath. This can happen when you are questioned in court or at the airport.
Get an immigration attorney to evaluate the case. Who was he charged with assaulting? What is is his status right now? What county in NJ is he in? Feel free to follow up.
I have changed the practice category on this to Immigration so that it will come to the attention of immigration lawyers. You may want to repost it since there are already four answers.
PTI is a form a probation, but it is not probation. The two are very different. Generally, as long as there is no admission to the facts constituting the offense, PTI will not affect immigration status. However, given the severity of the crime and the severity of making a mistake, it is smart to consult with an immigration lawyer to review the facts of your criminal case and your immigration status to explain the various possibilities.
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
You need to speak to an immigration attorney to be sure. Normally PTI will be without a plea of guilty so you should be OK. But check with that immigration attorney.