QUESTION

Can person with misdemeanor charges be deported?

Asked on Jul 11th, 2013 on Immigration - Utah
More details to this question:
19 year old on a visa was in custody for misdemeanor charges from 2 years ago. His charges have been dismissed and ordered to probation and 6 months community service. Upon his release, he was held by INS. Can he be deported and will his visa be revoked?
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4 ANSWERS

Adebola O. Asekun
Yes, it is likely the person you mentioned may be deported from the United States. I hasten to correct your belief that the charges were dismissed. For immigration purposes, a defendant has been convicted, if such person was either ordered to pay a fine; do community service or made to do probation So, if the court ordered the defendant to do anyone or more of these conviction, the charges were not dismissed, the person is not found innocent but is instead guilty. If the charges were dismissed as you suggested, none of these would have occurred. Now, depending on exactly what the person was convicted or pled, to, it may or may not be a deportable crime. But even if the person was not found guilty, if the person was out of status, that is enough for DHS to seek to deport the person as an overstay.Also, if the person is in legal status, a criminal conviction will justify DHS' decision to revoke the visa. Also, if as it appears here, the person was convicted of a deportable offense, then,it is an additional reason to seek his deportation. With regards to your final question, I strongly suggest that you advise the person to consult with an experienced immigration attorney because, how the immigration case ends, will determine if and how the person can remain in the US or be allowed to come back to the US.
Answered on Jul 11th, 2013 at 7:38 PM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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For purposes of immigration law, if he was put on probation his charges were not dismissed. Your question cannot be answered without further details.
Answered on Jul 11th, 2013 at 4:50 PM

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Immigration Attorney serving Van Nuys, CA at Law Offices of Hussain & Gutierrez
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It depends on what kind of visa he is on and whether it is still valid. A misdemeanor that was dismissed does not make him deportable, may be he has overstayed his visa and if so, ICE can start deportation proceedings.
Answered on Jul 11th, 2013 at 1:18 PM

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Employment & Labor Attorney serving Salt Lake City, UT at Sharon L. Preston, P.C.
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Depending on what kind of non-immigrant visa he entered on, and whether he is currently in status or not, yes, he can be deported. If he entered on a visitor visa, two years ago, then his authorized stay most likely expired over a year ago, and that would mean that he is out of status. If that is the case, then the immigration judge can deport him just for being in the U.S. illegally (since he is out of status), without even the misdemeanor charge coming into play. Since the charge was dismissed and he wasn't convicted of anything, it's probably not the reason for him detention by the ICE, it's probably him being out of status. He should contact an immigration attorney so he can get some representation in the removal proceedings before the immigration court.
Answered on Jul 11th, 2013 at 1:15 PM

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