A US Green card lets you live and work in the United States. Foreigners can get permanent residence and become ‘naturalized’ citizen. The process of getting this card can be long and complicated. But all the hard work can go to waste if you are detained and arrested by the US police. Larceny, burglary, financial conspiracy, motor vehicle theft and robbery are the most common crimes in the country. There were more than 7.63 million arrests for all offenses in 2020 and the rate was at an all-time high of 3,152 arrests per 100,000 residents.

An arrest can lead to revocation of your immigrant visa and deportation even without a Criminal conviction. This is possible even if you have committed a crime without realization of the violation or a serious intention. Let us look at what happens after a green card holder is convicted of a crime.

Immigration Hold/Immigration Detainer

This means the jail inmate will not be released after the sentence has been served. They will instead be transferred into federal custody. This is requested by the Immigration and Customs Enforcement (ICE) for the local law enforcement agency to hold an arrested immigrant who is suspected of immigration law violation for 48 hours after the time when they would have been otherwise released. The Biden administration has instructed US immigration officials to examine the gravity of the offense by considering the degree of harm caused to the victim. But the detainer must act in compliance with the local laws. A lawyer can negotiate with the prosecutor’s office to lessen the charge or completely drop the offense. But a serious crime can lead to removal proceedings. But you still have 30 days to appeal the decision before the Board of Immigration Appeals.

Impacts Family’s Immigration Status

A criminal offense by a green card holder can put their family’s status in danger. H-1B or EB preference visa holders can have a family member apply in the form of derivatives from their visa application. When you violate the law, this derivative status is affected. They might also be put on an immigration hold along with the beneficiary.

Permanent Deport from the US

An arrested green card holder can plead guilty. This is a way to ensure that the conviction and sentence can do the minimum damage to your ability to keep the green card. But the immigration law will decide if the crime was a ‘felony’ or ‘misdemeanour’. So, if you have committed human trafficking, firearm offense or drug-related crime, chances are, these will put you at high risks of deportation. The risk is higher if you already have a record of criminal activity which can cause a permanent loss of US citizenship and ultimately trigger deportability regardless of whether you are involved in a criminal case.

These are the times when you must consult a well-qualified and experienced immigration defense attorney. They will devise the next move and can set up a persuasive legal argument. You will have an idea of the consequences and how to act around the result.

Sources:

https://www.statista.com/statistics/191261/number-of-arrests-for-all-offenses-in-the-us-since-1990/

https://observer.com/2013/03/birdsall-execs-indicted-in-pay-to-play-scheme/

https://www.alllaw.com/articles/nolo/us-immigration/hold-process-jail.html

What Do I Do? I Have a Green Card or Visa, and Have Just Been Charged With a Criminal Offense?

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