Immigration Consequences of Arrest and Conviction NYC
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If you are not a US citizen and you’ve been arrested and charged
with a crime, the outcome of that may can potentially have a serious impact
on your immigration status. It is therefore imperative that your criminal
defense attorney fight to get the best outcome in criminal court. It is
also imperative that you seek advice from an immigration attorney who
can advise you and your defense attorney on the potential immigration
consequences of your criminal case.
Being arrested generally happens when you are taken into custody by the
police and charged with an offense. An arrest includes receiving a desk
appearance ticket or being taken directly to central booking. The immigration
consequences of an arrest begin almost immediately because your information
is sent to the Department of Homeland Security (DHS) during processing.
Thus, DHS – which includes U.S. Citizenship and Immigration Services,
Customs and Border Protection and Immigration and Customs Enforcement
- will know about your arrest soon after it happens.
Whether you are present in the U.S. on a visitor’s visa, working
here on an employment visa such as an H-1B or and O-1B visa, or are lawful
permanent resident (green card holder) an arrest has potential consequences
on your immigration status. These consequences can range from being interrogated
at the airport, being ordered to deferred inspection for questioning,
being denied entry to the US, having your visa revoked and being placed
in removal (deportation) proceedings.
It is important to understand that any non-citizen will face immigration
problems if he or she is convicted of a crime involving moral turpitude
(CIMT) or an aggravated felony. In some cases even if the immigration
authorities have reason to believe that you have engaged in criminal conduct,
a noncitizen can face serious immigration consequences
even if the criminal case gets reduced or dismissed. A CIMT can include relatively minor offenses such as theft and drug possession,
and can include many other types of offenses, whether misdemeanor and felony.
Virtually all controlled substance offenses have immigration consequences,
including possession of small amounts of “party drugs” such
as cocaine or ecstasy.
In general, there might 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)
In general, there could be
more serious immigration consequences if you were
- Convicted of a misdemeanor
- Convicted of a felony
- Admitted to a misdemeanor or felony in court
Even an arrest for a relatively minor violation such as disorderly conduct
will subject you to increased scrutiny by immigration officials during
inspection at airports and visa interviews. Often, the immigration consequences
of a criminal conviction are far more severe than the criminal punishment itself.
Preparation is the best defense. Going to court with an experienced criminal defense attorney is the best
way to get the optimal outcome in your criminal case.
Getting the best outcome in criminal court 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 immigration problems later:
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 Evaluation 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 20
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.
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 before your court date so we can help fight the criminal case.