Can deferred inspection location and date be changed?
You may be able to reschedule your deferred inspection by contacting the port of entry directly and explaining your reasons for needing to reschedule. Whether it will be rescheduled, however, will depend upon the policies and procedures of the particular port of entry. You should also be mindful of the expiration date of the Form I-94 that you were issued at the time of your initial inspection, as these are usually only valid through the date of your deferred inspection as originally scheduled.
Read more about Deferred Inspections.
What does the immigration law say about pre-trial diversion programs?
The Immigration and Nationality Act ("INA") does not say antying about a pre-trial diversion program. Rather, it defines the term "conviction" for immigration purposes. Specifically:
The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been witheld, where--
(i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and
(ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
INA Section 101(a)(48)(A).
In order to determine whether a state's specific pre-trial diversion program will result in a "conviction" for immigration purposes, it is necessary to review the specific facts and statutory language involved and then conduct a legal analysis using the INA's definition of what constitutes a "conviction."
It will also be important to review the language of the statute under which you have been charged, as convictions for some criminal offenses will not constitute grounds of removal.
Can your green card be taken based upon a pre-trial diversion program?
Your permanent resident status ("green card") can only be terminated by an Immigration Judge. In order for an Immigration Judge to even hear your case, you would first have to be "convicted" as that term is defined by the INA. Then, the Department of Homeland Security ("DHS") would issue you a Notice to Appear ("NTA") or Notice of Intent to Rescind your status. The service of either of these documents by the DHS would have the effect of placing you into removal proceedings before an Immigration Judge. You would then be scheduled for a hearing and have the chance to defend your case and/or apply for any available forms of relief from removal.