QUESTION

Was I "convicted" to aggravated harassment under immigration law?

Asked on May 02nd, 2013 on Immigration - New York
More details to this question:
I was charged with aggravated harassment. The court agreed to dismiss the case if I plead guilty to violation of harassment and meet certain requirements. So I plead guilty to violation of harassment, which is a violation.
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2 ANSWERS

If you pleaded guilty of a violation, your conviction should be of that violation, not of the original charge. The easy way to find out is by going to the court where you were convicted and asking for a Certificate of Disposition (you will need it for immigration purposes, anyway). The certificate will clearly state what was your conviction was. (Some courts do not put the name of the offense in the certificate, only the section of the law you were convicted of violating. If it happens in your case, just Google the section of the law).
Answered on May 07th, 2013 at 2:23 PM

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Adebola O. Asekun
You are going to need to find an experienced immigration lawyer who is an expert in criminal immigration cases. It seems to me that your plea to violation of any harassment would render you subject to deportation as an alien who has been convicted of a crime of domestic violence, if the record of conviction shows that the victim is a member of your family. Violation of an order of protection, is enough to render you subject to this ground of deportation. The time to seek immigration advice was just prior to signing the plea agreement. But because ICE agents have not yet come to knock on your door, you should immediately seek competent legal advise from an expert immigration lawyer. Do so right away.
Answered on May 02nd, 2013 at 4:35 PM

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