A U.S. green card allows you to live and work in the United States and ultimately become a naturalized citizen. However, obtaining permanent residency can be a lengthy and complex process.
Unfortunately, all that hard work can be put at risk if you find yourself arrested or detained by U.S. law enforcement. Understanding the consequences of an arrest as a green card holder is crucial, as even minor infractions can lead to severe immigration repercussions.
Arrests and Their Impact on Immigration Status
When a legal permanent resident (green card holder) is arrested, the consequences can be grave. An arrest can lead to the revocation of your immigrant visa and deportation, even without a criminal conviction.
This possibility exists even if you committed a crime without realizing you violated the law or without serious intent.
In 2020, there were over 7.63 million arrests for all offenses in the United States, with a rate of 3,152 arrests per 100,000 residents. Common crimes include larceny, burglary, financial conspiracy, motor vehicle theft, and robbery.
Immigration Hold/Immigration Detainer
One of the first consequences of an arrest for a green card holder may involve an immigration hold or detainer. This means that the jail inmate will not be released after serving their sentence but will instead be transferred into federal custody.
Immigration and Customs Enforcement (ICE) requests this detainer to notify the local law enforcement agency to hold an arrested immigrant suspected of violating immigration law for 48 hours after the time they would have otherwise been released.
Under the Biden administration, immigration officials have been instructed to examine the severity of the offense by considering the degree of harm caused to the victim. However, the detainer must comply with local laws.
A well-qualified immigration attorney can negotiate with the prosecutor’s office to lessen the charges or drop the offense entirely. However, serious crimes can lead to removal proceedings. Following a decision, you will have 30 days to appeal before the Board of Immigration Appeals.
Impact on Family’s Immigration Status
A criminal offense by a green card holder can also endanger their family’s immigration status. For instance, holders of H-1B or EB preference visas may have family members apply as derivatives from their visa application.
When the primary applicant violates the law, this derivative status is affected, and family members may also be placed on an immigration hold along with the beneficiary.
Criminal Penalties and Immigration Consequences
If a green card holder is arrested and convicted of a crime, they may face criminal penalties, including fines, probation, or imprisonment.
If the crime is classified as a felony, it can have additional consequences for the green card holder’s immigration status.
A green card holder can plead guilty as a strategy to minimize the damage to their ability to retain their green card. However, immigration law will ultimately determine whether the crime was a ‘felony’ or ‘misdemeanor.’ Serious offenses, such as human trafficking, firearm offenses, or drug-related crimes, significantly increase the risk of deportation.
The risk is even greater for those with a prior criminal record, as it may lead to permanent loss of U.S. residency and ultimately trigger deportability regardless of ongoing criminal cases.
What Happens if You Were Arrested During the Immigration Process but the Case is Dismissed?
If you were arrested during the immigration process and the case against you is dismissed, it means the charges were dropped, and you are no longer considered involved in criminal activities related to that particular case. This dismissal may have occurred for various reasons, such as lack of evidence or procedural errors.
Regarding your immigration status, the dismissal of a criminal case could have different implications depending on your specific circumstances and the stage of your immigration process.
If you were already in the United States and detained by immigration authorities post the arrest, the dismissal could consolidate your position during immigration proceedings. It may help validate that you are not a threat to public safety and that the allegations against you were unsubstantiated.
However, it’s essential to note that immigration and criminal law are separate areas. The outcome of a criminal case does not automatically guarantee a specific outcome in the immigration process.
Immigration authorities will consider numerous factors, including any criminal history when assessing your case.
Filling Out Criminal Questions on the I-485 or N-400
When filling out the criminal history questions on the I-485 (Application to Register Permanent Residence or Adjust Status) or the N-400 (Application for Naturalization), it is vital to provide exact and complete information.
Here are some tips for navigating these sections:
- Read the Instructions: Start by prudently reading the instructions provided with the application form. These instructions define the specific requirements and guidelines for answering criminal history questions.
- Disclose All Required Information: Be honest and reveal all required information about your criminal history. Failing to disclose information or providing false information can lead to serious consequences for your immigration application.
- Understand the Questions: Pay close attention to the wording of each question. Some questions may ask for definite types of offenses or convictions, while others may necessitate information on all types of criminal incidents, including arrests without convictions.
- Provide Detailed Information: For each criminal incident, give as much detail as possible, including the date, location, charges, and final disposition. If you have numerous incidents, list them separately and provide exact information for each one.
- Obtain Official Documents: official documents related to your criminal history, such as court dispositions, arrest records, and police reports. These documents can help you provide exact and specific information about each incident.
- Seek Legal Advice if Necessary: If you have an intricate criminal history or are uncertain about how to answer certain questions, it is prudent to consult with an immigration attorney. They can review your case, provide guidance on how to answer the questions accurately and help you understand the potential impact on your immigration application.
Providing false or misleading information on immigration forms can have severe consequences, including denial of your application and potential immigration fraud charges. It is crucial to be honest and detailed when disclosing your criminal history.
Consulting with an Immigration Attorney
Given the substantial consequences of an arrest, it is important to consult a qualified immigration defense attorney as soon as possible.
An experienced attorney can evaluate your situation, devise a legal strategy, and help you understand the potential outcomes of your case.
They can negotiate with prosecutors to possibly reduce charges or have them dropped, allowing you to navigate the complexities of both criminal and immigration law more effectively.
An attorney can also help you understand your legal rights and provide support throughout the immigration process, ensuring that you are informed and prepared for any developments in your case.
