Criminal Law community service

[elvira]

Can someone please explain what does community service mean for INS? Conviction?
Does it make a difference if the case was dismissed? Based on what I know many cases are dismissed after community service is served. But are these peope still considered "guilty" or "convicted" for INS purposes?

 

[NYClex]

This is a very tricky issue and depends very much on the details of the adjudication of case in the state court. But generally yes, such an adjudication would be negative for immigration purposes.

If there was no dismissal the answer is easy: a conviction is a conviction, even if the penalty is only community service. But many states have very complicated regulations, dismissing cases after community service, or calling it "withholding adjudication" and so on. In some cases it does not count as an adjudication of guilt under immigration law, in some cases it does.

So if you are facing such a disposition and are an alien, you should definitely consult an immigration attorney, or a criminal defense attorney who has a lot of experience in immigration matters.