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Fuhriman Law has published a new article entitled Conviction Immigration & Nationality Act, which sheds light on the most important aspects when a non-citizen has been charged and is in the process of applying for immigration status.
The article has newsworthy information, including when a person charged under the criminal code is a non-citizen, a particular question normally rises to the top of the list….. “How is this going to affect my immigration status?”
This should be of particular interest to those seeking immigration status, because the Immigration and Nationality Act (INA) has a very specific definition of conviction. It is this definition that makes it entirely possible for immigration officials to claim that a non-citizen has a conviction even if the charges have been dismissed in criminal court.
One of the most important pieces of information the article tries to convey and communicate is that even If all goes as planned, and the defendant leaves criminal court without a criminal conviction, and the defendant is not a United States Citizen, immigration officials may determine that the defendant has been convicted of a crime. This is because of how the INA defines “conviction.”
‘The INA § 101(a)(48)(A) defines a conviction for the purposes of immigration. Under this definition, a conviction exists if: – A formal judgement of guilt has been entered by the court and a judge has ordered punishment; – Adjudication has been withheld but one of the following conditions are met: – A judge or jury has entered a finding of guilt and a judge has ordered punishment; – The immigrant has entered a plea of guilty or no contest and a judge has ordered punishment; – The immigrant has admitted sufficient facts to warrant a finding of guilt and the judge has ordered punishment.’
In discussing the article’s creation, Amber Fuhriman, Criminal Defense & Immigration Law Attorney at Fuhriman Law said:
“Because of the distinction between the definition of a conviction in immigration law and criminal law, it is extremely important that a non-citizen charged with a crime consults with an attorney with experience in immigration and criminal law prior to accepting any negotiations in criminal court..”
Regular readers of Fuhriman Law will notice the article is particularly relevant to those who are seeking immigration status in the USA, where criminal charges may be a factor.
Fuhriman Law welcomes comments and questions from readers, in relation to the article, as they are intent on intent on being accessible for all those seeking shelter from the challenges that may exist in their homeland, in hopes of realizing on a better life that is uniquely reserved for citizens of the United States of America.
Anyone who has a specific question about a past, present, or future article can contact Fuhriman Law via their website at https://fuhrimanlaw.com
The complete article is available to view in full at https://fuhrimanlaw.blog/.
Release ID: 88923404