Legal Question in Immigration Law in Iowa

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.


Asked on 4/24/11, 12:45 pm

1 Answer from Attorneys
Latangie Williams Law Office of Latangie Williams, P.A.

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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Answered on 4/24/11, 12:59 pm


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