What constitutes a formal conviction under the INA?

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A formal conviction under the Immigration and Nationality Act (INA) is established through a formal judgment by a judge or jury. This judicial decision is a crucial legal determination that signifies that an individual has been found guilty of a crime following due process in a court of law. Such a judgment is vital for immigration purposes, as it can impact an individual’s ability to remain in or enter the United States.

Informal legal documents such as a police report or recommendations from a jury do not carry the legal weight of a conviction. Similarly, advice from legal counsel may provide guidance on navigating the legal system but does not constitute a formal legal judgment. Therefore, only a formal ruling from a judge or jury qualifies as a conviction under the INA, which is critical for understanding implications related to immigration status.

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