I am a alien PhD student in Iowa State. I receieved a lettle from the state's prosecutor about plea gulity of 'simple assault'. I am going to be sentenced to 30 days in jail and pay a fine of $200.00, 35% surcharge, and court costs. The State will recommend all but 2 days of the jail sentence be suspended that I will be placed on probation to CCJ for a period of one year.
My problem is that I might be kicked out by my university and lose my F-1 visa. If I really lose the F-1 Visa, will I directly be sent back to China or put me into the jail for 30 days firstly before my departure. The other thing is that I found the probation before judgement is considered as criminal conviction in Federal Law, though it might be different in the State Law. Does it mean that I will definitely be deported from US if I plea guilty due to criminal conviction? Thanks a lot for your help.
Answer
You may be placed in removal proceedings after serving your jail time. You may also be detained by ICE and go directly from jail to a detention center. You need to consult with an immigration attorney ASAP before agreeing to plea. For a free consultation, please contact my office at 904-371-3538 or email me at [email protected]/* */
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