Safe Havens

(B)  Consular Processing.  For visa processing purposes, the Foreign Affairs Manual provides:

            A conviction in absentia does not constitute a conviction.  However, any participation in judicial proceedings by the accused may imply that the conviction was not one made in absentia.  For example, if a conviction in absentia has been appealed by the person convicted, the person has appeared for that purpose and the conviction has been affirmed, it is no longer considered a conviction in absentia.  Similarly, representation by the accused in a trial proceeding may preclude a finding that the trial was conducted in absentia.  Consular officers shall submit all cases where the facts suggest that a conviction may have been made in absentia to CA/VO/L/A for an advisory opinion.[303]

The same law should apply to the question of deportability on account of a conviction.

[303] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N3.4-2.