Kim Hunter Law - Immigration and Nationality Law in Minnesota

Many seemingly minor offenses, such as shoplifting, can lead to deportation consequences for noncitizens. Because a guilty plea is considered a conviction for immigration purposes, noncitizens should NEVER, EVER enter a plea before understanding what immigration consequences may follow.

If a noncitizen accepts diversion before a plea is taken, that result will not be considered a conviction for immigration purposes. For this reason, pre-plea diversion can be a very valuable tool, particularly for theft-related offenses that could otherwise result in deportation. Note: A defendant’s stipulation to the accuracy of facts in a police report or probation report admitted in a pre-plea diversion context may be enough to sustain a conviction finding in immigration court. Thus, it is important to limit the state court record in these matters.

A conviction that is vacated based upon a legal defect is not a conviction for immigration purposes. However, a conviction that is vacated for equitable reasons or solely for immigration purposes WILL be treated as a conviction in the immigration system. Expungements or dismissals following completion of a sentence are also convictions for immigration purposes.

Many convictions require a sentence of at least one year to render the noncitizen deportable. Please call our office for more details.