Possible Immigration Consequences of Criminal Activity
Criminal activity can severely affect a person’s immigration status, resulting in inability to obtain immigration benefits and possible removal proceedings and removal from the United States. Therefore it is essential that before applying for any immigration benefit or traveling out of the United States, all risks be carefully evaluated. There are some situations that a person should definitely not apply for a benefit because the application itself could immediately trigger removal or lead to location of that person who is removable. However, even where a client is placed in removal proceedings or may have applied for an immigration benefit without knowing the potential pitfalls, there may be relief available for the immigrant. There are a multitude of different situations that can arise when criminal activity has occurred and the law in this area is constantly evolving.
An “ICE Hold” is a written demand from ICE (Immigration and Customs Enforcement) that requires state authorities to hold the individual so that ICE can take custody after the person is released from state custody. Immigrants and non-citizens in the United States face the very real threat of removal or deportation following certain criminal activity.
Once a person is in custody, ICE agents will try to convince the suspect to leave the US voluntarily. It is important that if the person wishes to stay in the US, they do not agree to this. Instead, they should always ask for a hearing before an Immigration Judge to fight the deportation. Your Tulsa Immigration and Criminal Lawyer can still under certain circumstances motion to bond you out of ICE proceedings. The proceedings will continue but you are no longer incarcerated once your family posts a bond assuring your cooperation with the courts.
Past convictions can also come back to have negative immigration consequences. Every year, thousands of immigrants are placed in removal proceedings because of past criminal convictions. There is no statute of limitations in removal proceedings and therefore many of these proceedings, even for lawful permanent residents, arise from convictions long ago.
Although the immigrant may have not been legally convicted for the purposes of the state or federal criminal case, if he or she entered a plea of “no contest,” such a plea equals a conviction for the purposes of their immigration case. If you or a loved one is an immigrant that has been arrested, charged or convicted of a crime, please call or contact online your Tulsa Immigration and Criminal Defense Attorneys immediately at (918) 216-9644.