ACDs in New York and Immigration

          The Immigration Consequences of Adjournments in Contemplation of Dismissal (ACD's)

In New York, the Adjournment upon Contemplation of Dismissal ("ACD") is a common method used by criminal courts use to deal with less serious offenses. A judge will adjourn a matter, usually for six months. During that time a defendant has to avoid rearrest.  The the matter is then dismissed at the end of six months and does not result in a conviction or judgment of guilt.

There are generally no immigration consequence for an "ACD" because the underlying matter has been dismissed and the accused stands in the same position in the eyes of the law as before the arrest. It does not eliminate the disclosure requirement found on many immigration petitions, however.  An applicant for an immigration benefit still has to disclose an arrest to USCIS or DHS when asked.  For instance, an individual who would like to apply for citizenship has to disclose his/her arrest to USCIS and answer any questions related to the applicant's good moral character that may arise.

The above informational only. It is not legal advice.  Contacting an experienced immigration attorney prior to applying for any immigration is the best way to protect your rights in this type of situation.