ARRESTS


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ARRESTS, CONVICTIONS AND IMMIGRATION CONSEQUENCES

The following is attributed to the Center for International Education at Loyola University in New Orleans.

You know that you have to attend school full-time and that you cannot work illegally, but arrests (for even a DUI) can affect your ability to study in the U.S. or even enter the U.S. on a student or tourist visa. Certain behavior may not be a "serious crime" in your mind or it may not be serious for a U.S. citizen or it may not even be a crime in your country but criminal activity, arrests and convictions can have serious immigration consequences. You need to be aware of the law and what is considered criminal activity and avoid it at all costs, but know what to do if you are arrested or convicted.

What "criminal activity" has immigration consequences?

	Arrests and/or convictions even for crimes that may not be serious for U.S. citizens. If you are fingerprinted, this can delay visa issuance even if you are not convicted or if your record is expunged (meaning it no longer appears on your record.)
	Willful misrepresentations on an immigration or visa application that result in securing an immigration benefit through fraud. This can also include an application for admission to school if an I-20 was issued and the student uses the document to enter the U.S.
	Drug related offenses which may or may not result in conviction.
	Conviction for, or admission of, crimes of moral turpitude – (these are generally serious crimes).
	Suspension or expulsion from school as a result of criminal activity, whatever the nature of the crime.

What are the consequences of "criminal activity"?

	Delays in obtaining visas – ANY arrest or conviction will cause a positive "hit" in NCIC and delay new visa issuance. It doesn’t matter if you take the record of your arrest or conviction with you to the consulate, they will still have to wait for the NCIC report.
	Denial of visa or entry into the U.S.
	Removal or deportation from the U.S.
	Denial of immigration benefits in the U.S. including extension, change of status, and practical training.

How do I avoid these consequences?

Don’t drink and drive. While this may not be serious in your country, it is taken very seriously in the U.S. Take a taxi or have a designated driver when you go out and plan to drink.

Don’t do drugs. Being arrested with even a small amount of marijuana can make you deportable.

Don’t lie or misrepresent your actions on immigration applications or to a DHS employee. If you have concerns about something your have done, then talk to the International Student Advisor or contact an immigration attorney before you are interviewed or complete an application.

Don’t assume that they won’t find out. Since 9/11 there is much more cooperation among government agencies.

If you are arrested, just like on TV, you do have the right to an attorney and anything you say can and will be used against you.

Make sure that you have a criminal attorney who is aware that there may be immigration consequences to any plea bargain or guilty plea and who works with an immigration attorney.

Remember that it is your responsibility to know the law and avoid committing crimes.

ARRESTS, CONVICTIONS AND IMMIGRATION CONSEQUENCES

The following is attributed to the Center for International Education at Loyola University in New Orleans.

What "criminal activity" has immigration consequences?

Arrests and/or convictions even for crimes that may not be serious for U.S. citizens. If you are fingerprinted, this can delay visa issuance even if you are not convicted or if your record is expunged (meaning it no longer appears on your record.)

Willful misrepresentations on an immigration or visa application that result in securing an immigration benefit through fraud. This can also include an application for admission to school if an I-20 was issued and the student uses the document to enter the U.S.

Drug related offenses which may or may not result in conviction.

Conviction for, or admission of, crimes of moral turpitude – (these are generally serious crimes).

Suspension or expulsion from school as a result of criminal activity, whatever the nature of the crime.

What are the consequences of "criminal activity"?

Delays in obtaining visas – ANY arrest or conviction will cause a positive "hit" in NCIC and delay new visa issuance. It doesn’t matter if you take the record of your arrest or conviction with you to the consulate, they will still have to wait for the NCIC report.

Denial of visa or entry into the U.S.

Removal or deportation from the U.S.

Denial of immigration benefits in the U.S. including extension, change of status, and practical training.

How do I avoid these consequences?

Don’t drink and drive. While this may not be serious in your country, it is taken very seriously in the U.S. Take a taxi or have a designated driver when you go out and plan to drink.

Don’t do drugs. Being arrested with even a small amount of marijuana can make you deportable.

Don’t lie or misrepresent your actions on immigration applications or to a DHS employee. If you have concerns about something your have done, then talk to the International Student Advisor or contact an immigration attorney before you are interviewed or complete an application.

Don’t assume that they won’t find out. Since 9/11 there is much more cooperation among government agencies.

If you are arrested, just like on TV, you do have the right to an attorney and anything you say can and will be used against you.

Make sure that you have a criminal attorney who is aware that there may be immigration consequences to any plea bargain or guilty plea and who works with an immigration attorney.

Remember that it is your responsibility to know the law and avoid committing crimes.