Immigration Consequences of Arrest and Conviction NY

If you are not a US citizen and you've been arrested, the best strategy is to get the best outcome that you can in criminal court followed by obtaining documents and advice from your criminal and immigration lawyer. 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. Immigration consequences happen as a result of being arrested because the arrest process causes information to be sent to the Department of Homeland Security. There may be consequences even if you are a permanent resident / green card holder. These consequences can range from being interrogated at the airport 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.

Now, more than ever, there are immigration consequences if you were

  • Arrested but your case dismissed (even an ACD)
  • Arrested and convicted of something minor (like disorderly conduct)
  • Arrested and convicted of a misdemeanor or felony

How can I have immigration consequences for a first arrest or desk appearance ticket? This is because immigration officials can decide that you committed a crime even if you got the case reduced or dismissed. For example, if you are arrested for simple marijuana possession and you get it dismissed, you may still encounter 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 criminal attorney to get the best outcome possible in your criminal case. Contact us for a free case evaluation.

Step 2.

Review the following chart to get your case documents and advice so that you are prepared. Contact us for assistance with this.

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

Outcome of criminal case

Tourist B Visa

Student F Visa

Other Visa

Green Card

Arrested but not convicted (ACD / case dismissed)

Get certified case documents,letter from immigration and criminal lawyer

Get certified case documents, letter from immigration and criminal lawyer

Get certified case documents, letter from immigration and criminal lawyer

Get certified case documents, letter from immigration and criminal lawyer

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

Get certified case documents, letter from immigration and criminal lawyer

Get certified case documents, letter from immigration and criminal lawyer

Get certified case documents, letter from immigration and criminal lawyer

Get certified case documents, letter from immigration and criminal lawyer

Arrested, 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 and criminal lawyer

Arrested, 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 at 212-619-3900 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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