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It is a great privilege to have the U.S. government grant you a green card. It’s a very important step along the way towards you becoming a U.S. citizen if that’s your ultimate goal. Once you have received this honor, it’s up to you to abide by the laws of the land at all costs.

Unfortunately, unexpected things can happen that put us in the crosshairs of law enforcement. Should you get involved in an alleged crime, you would be facing the possibility of losing your green card status. That could ultimately lead to deportation and the inability to ever return.

As a Los Angeles green card immigration lawyer, we want to help you understand what would happen if you were to ultimately be convicted of a criminal offense. Remember, everyone in America is considered to be innocent until proven guilty. If you were to be found guilty, your green card status would be in serious jeopardy.

Immediately After Arrest

After you are arrested you have the right to legal representation. Your first inclination will be to hire a criminal law attorney to handle your case. However, he or she might not be knowledgeable about immigration law. You should also seek specialized legal immigration help. That would require you to consult with a lawyer that is well-versed in handling immigration cases.

What you need to know about immediately after being arrested is your immigration status doesn’t always afford you the same rights as a U.S. citizen. It’s possible law enforcement would place you on “immigration hold” instead of granting you bail. If they place you on an immigration hold, they could transfer you into federal custody where you could be held until your case has been adjudicated.

While the authorities are deciding how to proceed, this is the time for you to think about pursuing legal representation. A lawyer for obtaining a green card with a criminal record would be the right person to which you want to be talking. This is the time to start devising a strategy that would protect your immigration status whether guilty or not.

What Happens if Convicted of the Crime

After getting your due process, you may be found guilty. You may be wondering, “What happens to my immigrant status at that point?”

Let’s assume you were found guilty by a judge or jury. It’s even possible you might decide to plead guilty or no contest. Upon the court entering a conviction, you would become subject to punishment. Most certainly, you would become subject to incarceration and or fines or other forms of punishment.

As for your green card status, you would likely lose that status and face deportation after serving out your punishment requirements. However, there is an inkling of hope you can hold onto your green card even after conviction. What if a criminal immigration defense attorney could strike a deal with INS and the prosecutor? Maybe, you would agree to harsher penalties in exchange for the possibility of remaining in the country. Would a deal like that be of interest to you?

What Happens if You Are Found Innocent?

You would likely assume that a finding of not guilty would set you free and keep your green card status intact. You need to be careful about making assumptions about immigration laws. As a green card holder, the authorities are going to hold you to a higher standard.

What we mean by a higher standard is you are expected to conduct yourself in the best ways possible. While the circumstances of your arrest might not lead to a conviction, it is possible your involvement in the situation would create concerns over your fitness to be in America.

Example: You get involved in a drug distribution case. You are found not guilty of direct involvement, but the authorities find out that you have a drug addiction. The use of illicit drugs is a crime. Convicted or not, your drug abuse constitutes a “conduct” problem that could lead the authorities to determine you are not suitable for U.S. citizenship.

Learning about these nuances is something you could do. You should consult with a lawyer for obtaining a green card with a criminal record before ever leaving the country. Leaving would not be a problem. When coming back, the powers to be might determine you are “inadmissible” because of behaviors you exhibited while in the U.S.

Protecting Yourself and Your Green Card Status

We’ll assume you have been dreaming of a lifetime in the U.S. We’ll further assume you want to do whatever is necessary to protect your green card status. If that’s the case, you need to enlist the services of a top lawyer.

Whether you are convicted of a crime or not, there is a lot on the line when you are trying to protect your right to stay in the country. You don’t want to let all the hard work you did to get here go down the drain because you got caught up in a regrettable situation.

As a legal criminal immigration defense, we are here to help you. If you would like to know more about our services and fees, we encourage you to contact us as soon as possible. The sooner we can address your case, the sooner we can develop a strategy to protect your immigration status and keep you in the U.S. Call our immigration lawyer in Los Angeles today!