It is our general advice to always follow the law, especially if you have an open immigration case! The effects of an arrest during an open immigration case will depend on the circumstances of the arrest, your immigration status, and the nature of the immigration case. Here we tell you some potential consequences:
Immigration Detention: If you are arrested during an open immigration case, you may be placed in immigration detention. This detention can occur in immigration detention centers, jails, or other facilities designated for holding individuals with immigration issues.
Impact on Immigration Proceedings: An arrest may lead to delays in the case as your legal representation and the immigration court will have to address the criminal charges in addition to the immigration matters.
Increased Risk of Deportation: Depending on the circumstances of the arrest and your immigration status, an arrest could increase the risk of deportation or removal. Certain criminal offenses can trigger deportation, especially if they are considered “removable offenses” under immigration law.
Eligibility for Relief: The arrest may affect your eligibility for certain forms of immigration relief or benefits. For example, certain criminal convictions can make you ineligible for certain types of visas, green cards, or asylum.
Impact on Asylum Claims: If you have an asylum case pending, an arrest may raise questions about your credibility. If you were arrested for a crime related to your home country’s persecution, this could damage your asylum application.
Need for Legal Help: If you are arrested while your immigration case is open, you will need both criminal defense and immigration representation to navigate the complex legal system and defend your rights.
It’s important for individuals facing an arrest during an open immigration case to consult with a qualified immigration attorney as soon as possible to understand the specific effects of their situation and find the next steps.