Articles Posted in Immigration Status

Many of our clients are students who have traveled internationally to study in the United States. Unfortunately, while they are here they often find themselves in legal trouble. A criminal offense can be stressful and a hassle by itself, but when there are immigration issues, it can have additional unforeseen consequences. An international student is often here on a visa, and there may be complications to that visa when they are convicted of a DUI or other criminal charge.

Obtaining the best possible legal representation can help avoid immigration issues. It can help reduce or dismiss the charges against you so that your immigration status remains untouched. In order to better understand how a Los Angeles Criminal Offense lawyer can be useful, let’s consider an example.

Dimitri is an international student studying at a university in California. After finals, he and his friends go out to celebrate. Dimitri has quite a few drinks and is walking down the street with his friends trying to find a cab. Dimitri is stopped by officers and cited for a misdemeanor drunk and disorderly conduct. Dimitri is studying in the United States with a visa, and is not a United States Citizen. If he is convicted of a misdemeanor charge, it can remain on his record and affect his visa status, possible requiring him to return to his home country.

When you have been arrested for a violation of the California Penal code, it is a good idea to consult with an Immigration attorney along with a Southern California Criminal lawyer. Some criminal cases will cause an immigration hold to be put on you if you are not in the United States legally, or have status that has expired or needs to be renewed.

If you are arrested for a criminal offense, and are not in the United States legally, you will be taken into custody by the Immigration Court after completion of your criminal case. The Immigration court will determine whether you qualify to stay in the United States or you will be deported due to the criminal conviction.

Certain kinds of offenses are grounds for immediate deportation. However, many criminal convictions are not and will not be grounds for immediate deportation, but instead, you will have the opportunity to be heard by the Judge.

When a person has been convicted of a crime, they will be brought before the Criminal court to be tried for the charge. If a person is not a citizen, they will be sent to an immigration detention center and put on immigration hold.

Immigration hold means that their status may be in jeopardy, and they must be brought before the Immigration Judge before their criminal case can be tried. If you are not a citizen and hold legal status, such as a visa, green card or are a refugee then there are certain crimes that could cause you to be deported and your status revoked.

These crimes are serious in nature and include the following; drug crimes, crimes involving firearms, aggravated felonies, domestic violence and crimes of moral turpitude. Crimes of moral turpitude include crimes that question the morality and ethical nature of your person. Murder is such a crime. Courts generally take a no nonsense approach to crimes involving domestic violence. Drug offenses will also be taken seriously for all drugs other than marijuana possession or sometimes sale.