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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3963
Experience:  Private practice in several areas, including immigration
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Dear Ms. Jennifer Marie who answered my previous question,

Customer Question

Dear Ms. Jennifer Marie who answered my previous question, or if you're not available, any immigration expert who would be wililng to answer my questions (I'm running out of time..!)
1. You said ICE, if not the police will tell my school's DSO of a criminal conviction. - Does this criminal conviction include pleading guilty to a non-deportable charge such as a disorderly conduct in order to go through a diversion program? Even without a conviction in the criminal court? Does the immigration way of defining a conviction apply in this case too?2. You said that ICE would tell my school's DSO of my criminal conviction, and she and has to enter into my SEVIS the disciplinary action taken as a result of a criminal conviction. But you also said that the action isn't always taken. - What is the norm action of the school in this case? Do they usually give some sort of warning to the student but let the student keep studying or do you also see students get expelled pretty often?3. Also, if "disciplinary action" isn't always taken, do you mean that my DSO is allowed to enter nothing into my SEVIS if she feels that I don't deserve further punishment? Is it O.K for her to do that? Would not taking any actions against me ruin the school's reputation seen from the USCIS' point of view? And may take adverse actions against my school in the future?
I mean, even when my DSO doesn't want to punish me further, is there much possibility that she will take a disciplinary action just to show to the immigration that the school is trying to retain its discipline? Would it affect my school in attaining further students through an F-1 visa? My school is one of the 7 flight schools that can issue F-1 visa in the U.S. This means that the school has earned its reputation to get the ability to issue F-1 students with its size, great maintenance records and firm financial standings for years. There are about 6000 flight schools in the U.S, and about 600 of them can issue M-1 visa, where students cannot get CPT or OPT. So my school is one of the 7 schools out of 6000 that can and may want to keep its ability to accept international students on F-1 visa.
Please tell me what you think. I may want to take the case to trial rather than get a plea deal to take a reduced charge to a disorderly conduct, if getting a reduced charge still has a good chance of me not being able to continue studying. - You said that I may not be able to continue studying if my DSO suspends me - which would lead to the violation of visa - this would still make me deportable and completely lose my chance of studying..?4. If my DSO takes such action, say a suspension, is there anything I can do to continue my studies..? Or am I out completely?5. If you think the DSOs would usually want to punish the student in order to retain the school's reputation from the immigration, do you think it's worth telling my DSO in advance and hopefully get a letter written to my criminal prosecutor saying that I am worth staying in the U.S and continue studying?
Although I did make a mistake of going to such a place to get myself caught, I am certain that I will never do anything to endanger myself into losing everything that's worth living for... All I'm asking for is to set what was wrong right and continue my life with a life-time lesson learned..---> To be continued on my next question.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me a few minutes to review your question and prepare a response.