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Getting pardon: deferred adjudication worse than conviction

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  • Getting pardon: deferred adjudication worse than conviction

    If you become deportable because of a criminal offense, the Immigration Act states that you are not deportable if you get a full pardon from the president to governors of states. And here's the problem, deferred adjudication is not considered a conviction in most (if not all) state criminal laws, so there's nothing to be pardoned for. However, it is considered a conviction by INS. So essentially, there's no chance for you to get a pardon and stay away from deportation if you had a deferred adjudication, which is a less serious record for most purposes. Any of you have some comments on this issue?

  • #2
    If you become deportable because of a criminal offense, the Immigration Act states that you are not deportable if you get a full pardon from the president to governors of states. And here's the problem, deferred adjudication is not considered a conviction in most (if not all) state criminal laws, so there's nothing to be pardoned for. However, it is considered a conviction by INS. So essentially, there's no chance for you to get a pardon and stay away from deportation if you had a deferred adjudication, which is a less serious record for most purposes. Any of you have some comments on this issue?

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    • #3
      yes, it's a classic catch 22!

      In most cases, for an exec clemency, it needs to be a felony as well (even though the president just gave a handfull of pardons to 30-40+ yr. old misdemeanor convictions...

      As far as I know, for certain in-limbo convictions such as those "minor" ones that have no relief available, INS uses discreation. Good luck!

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      • #4
        You are better off taking a conviction and actually going for a couple of months to jail.

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        • #5
          catch22, you idiot, look at this case,

          http://www.usdoj.gov/eoir/efoia/bia/...dfDEC/3455.pdf

          that I found on this thread,

          http://discuss.ilw.com/eve/forums?q=...9356094941&p=2

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          • #6
            A criminal offense is a criminal offense. Every immigrant who commits a crime, either misdemeanor or felony, ought to be deported. That is the natural penalty.

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            • #7
              stupid

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              • #8
                Have you thought of getting your records expunged. I think if you have a deffered judication it is not a conviction and hence it should easy to get your records expunged.
                If you have your records expinged you can legaly say that you have no conviction. Check with the state attorney generals office.
                I am not a lawyer so PLEASE DO NOT THINK THE ABOVE MENTIONED INFORMATION IS A LEGAL ADVICE.

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