After an arrest or conviction, non-citizens may face various legal consequences, such as revocation of immigration status, removal from the U.S., and the loss of benefits or immigration eligibility. As a result, a non-citizen should understand the potential consequences of an arrest or conviction when facing the criminal justice system best to protect their rights and status in the U.S.
Types of Immigration Statuses and Accompanying Risks
Non-citizens will fall into one of several basic categories of immigration status. A non-citizen’s immigration status will also determine the potential consequences they may face if arrested or convicted in the U.S. The most common types of immigration statuses include:
- Lawful permanent resident (green card holder): A lawful permanent resident may live and work in the United States for the rest of their lives, provided the green card holder does not commit specific criminal offenses. A green card holder who commits more serious criminal offenses risks losing their lawful permanent resident status, which can open the individual to deportation.
- Non-immigrant visa holder: A non-immigrant visa allows a non-citizen to come to the U.S., usually for a limited period. U.S. immigration law has numerous categories of non-immigrant visas, including work and tourist visas. A non-citizen arrested for a crime while in the U.S. may have their visa revoked, potentially subjecting them to removal proceedings if the prosecuting authority does not seek their continued detention in the U.S. pending trial.
- Asylum seekers/refugees: U.S. immigration law allows non-citizens to enter, reside, and work in the U.S. if they face a risk of persecution in their home country due to their protected characteristics, membership in a social group, or political opinion. However, an asylee/refugee may have their protection revoked if they commit a crime in the U.S., which may result in removal proceedings and deportation.
- Undocumented immigrants: An undocumented immigrant has no lawful status or presence in the U.S. Undocumented immigrants face the possibility of immediate removal proceedings if arrested for a crime, as an arrest may bring them to the attention of immigration authorities.
Crimes That Can Result in Immigration Consequences
A non-citizen may face immigration consequences following a conviction for various types of crime. Examples of crimes that typically lead to status revocation or removal proceedings for a non-citizen include:
- Crimes involving moral turpitude – these crimes involve some element of dishonesty, such as fraud, theft, embezzlement, or money laundering
- Drug offenses
- Domestic violence
- Firearms crimes, including unlawful possession or use of a firearm
- Violent crimes like aggravated assault, arson, or homicide
- Sex crimes
- Immigration-related crimes, such as unlawful entry or presence or making false statements on a visa application
Depending on immigration status, even a misdemeanor offense may trigger immigration consequences for a non-citizen. However, some non-citizens may not face immediate consequences for a misdemeanor unless they have committed multiple offenses or the misdemeanor involves a specifically enumerated offense that triggers removal proceedings.
Consequences of Criminal Convictions
An arrest or criminal conviction can trigger various immigration consequences for a non-citizen, such as:
- Detention: A non-citizen prosecuted for a crime in the U.S. may face pre-trial detention as authorities may view the individual as a flight risk.
- Deportation: Various kinds of criminal convictions can trigger removal proceedings, leading to a non-citizen’s deportation.
- Inadmissibility: A conviction may result in a bar to reentering the U.S. after removal or ineligibility to apply for a visa or adjust immigration status to lawful permanent residency
- Loss of status: Convictions can also result in a non-citizen losing immigration benefits, such as lawful permanent residency, asylum/refugee status, or the right to apply for naturalization
Contact a Criminal Defense Attorney Today
If you’re a non-U.S. citizen who’s been arrested, you need legal counsel experienced in criminal and immigration law to help you understand the potential consequences of an arrest or conviction. Contact Central Justice today for a confidential consultation with a criminal defense lawyer to discuss how an arrest or conviction may affect your rights and status in the United States.
