International students in the U.S. on a student visa must stay away from even being suspected of committing certain crimes to keep their U.S. visas valid. If they are found guilty of criminal charges, immigration consequences could include being removed from the country and not being allowed to return to school.
So, before foreign students try to get a fake ID to go out to college bars like their American counterparts and possibly get caught, they should make sure they understand the unique consequences of their situation as a non-citizen in the United States.
Know the Stakes for a Plea
If an international student is charged with a crime, he or she may not be able to leave the country under certain circumstances until the case is resolved. In some instances, that could take years and the student would be in limbo during that time.
Given that, many international students are tempted to plead guilty to a lesser crime in order to be able to resume travel. But beware! Once a guilty plea is entered and there is a criminal conviction even to a simple misdemeanor charge on the student’s record, there could be further visa ramifications. Make sure you understand all of these before accepting a plea deal by speaking not only with an experienced criminal defense attorney but also with an immigration lawyer who can explain the effect a criminal conviction could have on your immigration status. This is true whether you are in the United States on an F-1 visa or are a permanent resident with a green card.
There are certain criminal convictions that would lead to your immediate deportation from the United States under the Immigration and Nationality Act. The list is long, but the charges commonly involve crimes of moral turpitude, aggravated felonies, failure to register as a sex offender, a drug crime in any country, domestic violence, crimes against children, or violating a protective order. Speak to an experienced attorney for legal advice and be mindful of pleading to these in order to expedite the criminal procedural situation. If deported to your home country under any of these circumstances, it is possible that you would be barred from re-entry for up to ten years and could not make a visa application during that time.
Even an Arrest Can Have Dire Consequences
In addition to criminal penalties, if you plead or are found guilty, some schools will expel students who are merely charged with a crime prior to having their day in court. If this happens, the school is required by law to enter the expulsion in the Student and Exchange Visitor Information System (SEVIS) within 21 days. Keep in mind that most student visas require full-time enrollment in school, and therefore being expelled could revoke the visa eligibility, even if the student is ultimately cleared of the crime.
When to Call an Immigration Attorney
If your visa is revoked due to being expelled from school for any reason, you must leave the country. If you don't, and U.S. Immigration and Customs Enforcement (ICE) finds you, your family could also be placed in expedited removal proceedings. But you can't leave the United States if you are charged with a crime and awaiting trial. Therein lies the problem. You must contact an immigration attorney to sort out the details of your specific case.
If you are an international student and have been accused or even investigated for committing a crime, contact a criminal defense attorney immediately. Remember that it is not the job of law enforcement to explain immigration law consequences of your criminal charges to you as a visa holder. A lawyer will be able to inform you of your rights under both immigration and criminal law, which may be extremely different from your native country. Time is of the essence, so contact an attorney right away to receive your best defense.
Related Resources:
- Which Crimes Can Get Legal Immigrants Deported? (FindLaw's Law and Daily Life)
- The Legal Consequences of Getting Arrested in College for Nonviolent Protesting (FindLaw’s Law and Daily Life)
- ICE Rescinds International Student Deportation Policy After Challenge by Universities (FindLaw’s Law and Daily Life)
