How Being Charged with a Crime Can Affect Your Immigration Status

1) Arrest: The police take you to the station and hold you there for awhile.

• DO:
  • Ask for an interpreter.
     
  • Say, “I want to remain silent.”
     
  • Ask for a lawyer. You have a right to a criminal lawyer no matter what your immigration status is. If you have a low income, the court will assign you a free lawyer.
     

• DO NOT

  • Answer questions about your immigration status.
     
  • Say anything, sign anything, or make decisions without a lawyer.
     

  LawHelpMN has a fact sheet that shares more about your rights if you are arrested: I got arrested. What happens now?
   

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2) Plea: You admit you are guilty of a crime to a judge.

   OR

2) Trial: You tell a judge you are not guilty. A government lawyer tries to prove you are guilty. Your lawyer tries to prove you are not guilty.

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3) Conviction: A judge or jury decides you are guilty of a crime. Or you admit you are guilty of a crime to a judge. You can be convicted of a crime even if you do not go to jail.

   OR

3) Acquittal: A judge or jury decides you are not guilty of a crime. You are free to go.

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4) Sentence: The punishment for a crime. This could be jail or probation.

Anyone who is not a U.S. Citizen is at risk of being deported if they commit certain types of crimes. Ask your criminal lawyer about how the charges could affect your immigration status. Talk to an immigration lawyer also. Talk to a lawyer even for minor crimes like traffic violations. LawHelpMN has a list of lawyers who might be able to help. 

Being charged or convicted of a crime could harm your immigration status. Some, but not all, convictions or criminal behaviors could mean:

• You are not able to renew temporary types of immigration status.
   
• You are not able to apply for the type of immigration status you want or move from a temporary to permanent status.
   
• The court starts deportation proceedings for you.
   
• You have to stay in jail while you fight against deportation.
   
• You are deported.

If you are arrested, charged, or convicted of ANY crime, it can cause problems depending on your type of immigration status. This includes serious things like violent crimes, burglary, or fraud. It includes domestic violence or violating a restraining order.

Even minor crimes can have a harmful impact on immigration. This is true even if you don't go to jail or pay a lot of money in a fine. Some examples include:

• Driving under the influence of drugs or alcohol. This is also called a DUI or DWI.
   
• Drug possession or use, including marijuana. Using marijuana is legal in Minnesota. But it is against federal law. Immigration cares about federal law. If local police tell ICE you have marijuana, it could affect your immigration status.
   
• Shoplifting.

Anyone who is not a U.S. Citizen is at risk of being deported if they commit certain types of crimes. Figuring out your level of risk can be hard. It depends on the type of crime, where you are, and your type of immigration status. Below are examples of what might happen. But it is impossible to talk about every possible situation. Because it is so complicated, it is always a good idea to talk to a lawyer as soon as possible. LawHelpMN has a list of lawyers who might be able to help. 

If you are undocumented

Negative interactions with police could lead to being arrested by ICE. This could start the deportation process in immigration court. This is true even if you are arrested but not charged with a crime. You might have to stay in ICE detention while you wait for a hearing. A lot depends on how much local police cooperate with ICE. It is unlikely that traffic tickets would lead to immigration court in a sanctuary city. Minneapolis and St. Paul are sanctuary cities.

If you have a temporary immigration status

This group includes many types of immigration status. It includes Temporary Protected Status, U-VISA, Deferred Action, H-1B visas, and student visas. The impact of arrests, criminal charges, or convictions depends on what type of temporary status you have. It also depends on what type of crime you were accused of. Some possible consequences of crimes are:

• You could not be able to renew your status.
• Your status could be taken away.
• You might not be able to move from temporary to permanent status.
• You could be deported.

If you are arrested or charged with a crime, talk to an immigration lawyer as soon as possible.

If you have a Green Card

Typically, someone with a Green Card can only be deported for certain serious crimes. These crimes include a domestic violence assault or violation of a protected order. It also includes murder, sex offenses, fraud, firearms, theft, and drug crimes. If you have a Green Card, you cannot be deported for traffic violations where no one is injured. This includes driving without insurance, driving without a license, speeding, or parking violations.

• Ask the police to talk to a criminal lawyer. You have a right to a criminal lawyer no matter what your immigration status is. If you have a low income, the court will assign you a free lawyer. This person is called a public defender.
   
• Do not answer any questions the police ask you about your immigration status. Do not say anything, sign anything, or make any decisions without a lawyer.
   
• Ask your criminal lawyer how the charges could affect your immigration status.

A criminal lawyer defends you if you have been charged with a crime. The court must provide you with a criminal lawyer. A criminal lawyer:

• Must tell you how the charges and any plea deals could affect your immigration status.
   
• Can work with an immigration lawyer. They can help you understand how the crime might affect your status.
   
• Can fight for you to get the best outcome in criminal court.
   

An immigration lawyer helps you make the best decision about your immigration status. They can defend you in an immigration hearing. If you have been charged with a crime, an immigration lawyer:

• Can talk to your criminal lawyer to help them understand your immigration status.
   
• Can tell you how your criminal convictions may affect your immigration status.
   
• Can give you the best advice possible when you’re honest about your entire criminal history.
   

If you were already working with an immigration lawyer, tell them you were charged. They can work with your criminal lawyer on a plan.

Talk to an immigration lawyer! 
Anyone who is not a U.S. Citizen should talk to an immigration lawyer if you are convicted of any crime. A lawyer can tell you how your criminal conviction will affect your immigration status. They can also tell you how your criminal conviction will affect your deportation case. Talk to an immigration lawyer before you travel outside the U.S. LawHelpMN has a list of lawyers who might be able to help. 

If you are applying for any type of immigration benefit or defending against deportation in immigration court:

• Talk to an immigration lawyer. Ask the lawyer about how the conviction could affect your application or deportation case.
   
• Gather documents that prove you have good moral character. This may help strengthen your case. LawHelpMN has a fact sheet that talks about gathering evidence for immigration court: Preparing Evidence and Testimony for Immigration Court