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Please help – (I-485)Adjustment of Status Interview. Overstay, Illegal Status

Discussion in 'Immigration Issues' started by pal74, Apr 23, 2008.

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  1. pal74

    pal74 Law Topic Starter New Member

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    Currently, I am on 3 years H1B Extension, which is valid until 2011.

    Four years ago I was arrested and accused of aggravated felony. (3 aggravated charges for the same incident). For which I was NOT plead guilty, and permitted into pre-trial intervention (PTI) for one year.
    PTI conditions are
    · 60 hours community service
    · Attending AA&NA meetings (10-12)
    · Counseling of substance abuse awareness.

    I finished the PTI successfully, never appeared in front of the judge, not plead guilty, and not found guilty; Later the case was dismissed and expunged.

    Please answer the following question.

    1.Is this PTI considered as conviction under the law of immigration?

    2.How to get the proof of community service for my records?

    3.I was told that it’s not possible to get a certified copy of police report as the case was expunged. Would this cause any problem at the time of I-485 interview?

    5.Am I deportable?

    I have court deposition order, expungement order, PTI admittance receipts, AA & NA meeting attendance, and SAA (substance abuse awareness) certificate of completion. Please suggest if I need to get any other documents.

    Thanks much for your time and advice.
     
  2. pal74

    pal74 Law Topic Starter New Member

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    Your help would be greatly appreciated, if you could throw some light on my previous post.

    Thank you.
     
    Last edited: Apr 24, 2008
  3. mafioso

    mafioso New Member

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    1.Is this PTI considered as conviction under the law of immigration?
    Yes

    2.How to get the proof of community service for my records?
    Contact the facility where you did the community service

    3.I was told that it’s not possible to get a certified copy of police report as the case was expunged. Would this cause any problem at the time of I-485 interview?
    Yes. You need all court disposition records.........So if you have all except the police report, you might be okay. But it depends on the case.

    5.Am I deportable?
    It depends on what you where charged and if it is a CIMT and meets the petit crime exception. Can't tell without know the max jail times for each charge, what you plead guilty to on the plea deal and without reading the plea since you say you did not plead to a lesser charge or something like that....... I would suggest you don't go there without your immigration lawyer.
     

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