Under INA Section 101(a)(48)(A) [8 U.S.C.A. Section 1101(a)(48)(A)], a plea of guilty, nolo contendere, or an admission of sufficient facts can result in a “CONVICTION” for immigration purposes.
For example, for minor offenses such as Petit Theft in Duval County, Florida, a deferred prosecution in conjunction with Pre Trial Intervention is sometimes offered as an alternative disposition.
The below form PTI is acceptable. However, you should not make an admission of sufficient facts which would otherwise support a finding of guilt. In other jurisdictions, such an admission is often made to the interviewer or on the record contemporaneous with the application for the deferred prosecution. E.g., Mass. R. Crim. P. 12(a)(2) for a specific state plea providing for an admission of “sufficient facts.”
An admission of facts sufficient to support a finding of guilt is a “conviction” for immigration purposes and therefore may render you subject to immigration consequences – even deportation.
Com. V. Duquette, 386 Mass. 834, 438 N.E.2d 334 (1982).
How Can a Criminal Record Affect my Immigration Status by the Illinois Legal Aid Society
