Getting arrested while your immigration case is in view in Texas can lead to serious consequences, such as deportation, put your immigration status in jeopardy and can also threaten your permission to remain in the United States legally. The impact depends on the type of crime committed, your category of non-citizenship status, and the stage of your case.
In this article, we will give you a view of what could happen if you get arrested and possible ways to go about it to get help.
For those asking; Here is What Happens to My Immigration Case if I Get Arrested in Texas?:
1. Detention by Immigration and Customs Enforcement Authorities
If by any chance you are arrested, the local law enforcement may inform “Immigration and Customs Enforcement (ICE)”, especially if you are undocumented or have a pending immigration case.
Unfortunately for you, ICE may place a detainer on you. That means they will request the police to put a hold on you for possible deportation.
2. Negative Impact on Your Immigration Status
In cases of Green Card Holders (Permanent Residents), serious crimes like drug offenses or fraud can automatically lead to deportation.
For Visa Holders (Work, Student, or Tourist Visas), an arrest, especially for crimes like theft, fraud, or assault, can result in visa cancellation.
Lastly, for Undocumented Immigrants, an arrest can increase the risk of deportation, even for minor offenses.
3. Effect on Pending Immigration Applications
An arrest might delay or negatively impact your case if you have an open asylum, green card, or visa application.
An arrest and conviction could lead to the revocation of your visa. And a criminal record can make it harder to get approved for legal status.
4. Deportation
If you are arrested and ICE believes your crime makes you deportable, you may be placed in removal proceedings before an immigration judge.
It is possible to fight against deportation, but success depends on the crime, your immigration history, and available defenses.
What Should You Do When Arrested And Faced with Deportation
- Hire an immigration attorney as soon as possible.
- Avoid speaking to the ICE or police without the presence of a lawyer.
- Know your rights as an immigrant and exercise them, including the right to legal representation.
- Lastly, if you have a criminal history, obtain copies of your conviction records and transcripts.
Final Words
Non-citizens in Texas must have aggressive legal counsel when facing criminal charges that can impact their immigration status. Our dedicated Texas criminal defense attorneys at Udo Ezemama Law Office will fight hard to protect your rights and seek the most favorable outcome possible in your proceedings.