Immigration Consequences of Arrest and Conviction NYC

If you are not a US citizen and you've been arrested, you should fight to get the best outcome in criminal court by having a criminal attorney fight your criminal case and an immigration attorney who can advise you and your criminal attorney about the best way to proceed. Being arrested generally happens when you are taken into custody by the police and charged with an offense and includes receiving a desk appearance ticket or being taken directly to central booking. Immigration consequences happen simply because you were arrested because when you were arrested, your information was sent to the Department of Homeland Security (DHS). So, U.S. Citizenship and Immigration Services (USCIS) and DHS will know about your arrest moments after it happens. There may be consequences even if you are a permanent resident / green card holder. These consequences can range from being interrogated at the airport and going through secondary inspection up to and including being denied entry to the US or being deported.

Any non-citizen is subject to removal (deportation) if he or she is found to have engaged in a crime involving moral turpitude (CIMT) or an aggravated felony. If you are found to have engaged in it by immigration authorities, you may have problems even if the criminal case gets reduced or dismissed. A CIMT can include relatively minor offenses such a first arrest for marijuana or drug possession (221.10, 221.05, 220.03) or theft such as shoplifting or subway fare evasion (155.25, 165.40, 165.15), and can include almost every type of offense such as DWI, DUI, leaving the scene of an accident, assault, sex offenses, and other misdemeanors and felonies.

There can be immigration consequences if you were

  • Arrested but your case dismissed
  • Arrested and you received an ACD (Adjournment in Contemplation of Dismissal C.P.L. 170.55 or 170.56)
  • Arrested and convicted of something minor (like disorderly conduct)
  • Arrested and convicted of a misdemeanor or felony

Immigration officials subject you to greater scrutiny than what you might have experienced in criminal court. Even a minor penalty in criminal court, such as a fine, could lead to numerous immigration problems.

Preparation is the best defense. Going to court with an experienced criminal defense attorney is the best way to get the best outcome that you can in your criminal case. This will help to reduce the risk of immigration problems later. By getting the following information, you will put yourself in the best position possible to avoid serious problems at the airport or during a change of status.

Step 1.

Contact an experienced New York City criminal defense attorney to get the best outcome possible in your criminal case. A criminal attorney who works with an immigration attorney can offer you a better overall defense. Contact us for a free case evaluation. Lance Fletcher, a NYC Criminal Defense Attorney and Kevin Jones, an experienced NYC Immigration Attorney, can work together to fight any possible immigration consequences. Kevin Jones has over 15 years of experience advising non-citizens who have been arrested for various offenses including violations, misdemeanors, and felonies.

Step 2.

Review the following chart to get a summary of things you should be doing to minimize potential problems.

Contact us before your court date or for assistance getting the following documents and advice

Status of criminal case

Tourist B Visa

Student F Visa

Other Visa

Green Card

Arrested but case still open

Get best possible outcome in court, Get certified case documents, letter from immigration lawyer

Get best possible outcome in court, Get certified case documents, letter from immigration lawyer

Get best possible outcome in court, Get certified case documents, letter from immigration lawyer

Get best possible outcome in criminal court, Get certified case documents, letter from immigration lawyer

Case closed, convicted of a violation (like disorderly conduct PL 240.20)

Get certified criminal case documents, letter from immigration lawyer

Get certified case documents, letter from immigration lawyer

Get certified case documents, letter from immigration lawyer

Get certified case documents, letter from immigration lawyer

Case closed, convicted of a misdemeanor

Speak with an immigration attorney right away

Speak with an immigration attorney right away

Speak with an immigration attorney right away

Get certified case documents, letter from immigration lawyer

Case closed, convicted of a felony

Speak with an immigration attorney right away

Speak with an immigration attorney right away

Speak with an immigration attorney right away

Speak with an immigration attorney right away

Contact us at212-619-3900 for help with getting your certified case documents, police records, and written advice for use at the airport or with an immigration application.

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