What is a criminal conviction for Immigration Purposes?

A conviction occurs when:

1. When you enter a plea of guilt or an Alford or a plea of no contest (nolo condendre) admitting facts sufficient to warrant a finding of guilt by a judge, or finding of guilt after a trial by a judge or jury.
   
   
2. The judge imposes some form of punishment, penalty or restraint on a non-citizen's liberty as a sentence
   
   
3. The conviction must be final.

• Any guilty plea, nolo contendere or Alford plea, straight probation, no matter how much of the sentence is suspended.
• Deferred sentencing, such as Domestic Violence Intervention Program
• Drug Conviction with Expungement Provisions

• Stet Docket Agreements
• Juvenile Adjudications
• Diversion Agreements

• Disqualification from asylum
• Ineligibility to Naturalize
• Loss of LPR status (lose green card)
• Permanent Ineligibility for lawful status
• Disqualification from cancellation of removal and from removal waivers
• Removal (Deportation) from the U.S.
• Inadmissibility (Exclusion) from the U.S.
• Disqualification from establishing Good Moral Character

Deportable Criminal Offenses:

• Aggravated felonies
• Crimes of Moral Turpitude
• Domestic Violence offenses
• Drug offenses
• Firearm offenses

Facts of deportability and inadmissibility are based upon a "reason to believe" that a non-citizen has engaged in certain types of illegal activity or is the spouse or child of such non-citizen.

Reasons of Removal without a conviction:

• Drug Addicts and Abusers
• A finding in Civil court of a violation of a civil protection order or Stay away order issued in connection with a domestic violence case.
• *criminal activity endangering public safety or national security such as terrorism and espionage
• Drug traffickers
• Prostitutes
• Human Traffickers
• Persons who engage in criminal activity endangering public safety or national security such as terrorists and Foreign spies