If I got a differed adjudication 3 years ago and the file is auto-sealed, should I answer I was convicted of a crime when the immigration officer asks me?

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If I got a differed adjudication 3 years ago and the file is auto-sealed, should I answer I was convicted of a crime when the immigration officer asks me?

Asked on December 13, 2014 under Immigration Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Were you a juvenile at the time and you were given a deferred adjudication  - not a deferred judgment - correct? A deferred adjudication is not a conviction for purposes of immigration law so long as it qualifies as a juvenile adjudication under the Federal Juvenile Delinquency Act. This is really kind of tricky and I would strongly suggest that you speak with an immigration attorney.  Good luck.


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