If an international student is charged with a crime, he or she may not be able to leave the country under certain circumstances until the case is resolved. In some instances, that could take years and the student would be in limbo during that time. If the student does decide to leave the Country, a warrant would be issued out for their arrest, and they would have a difficult time returning to the United States. If a serious felony is committed and the student decides to leave, the United States has extradition treaties with many countries, where they could potentially issue an international warrant and subsequently, extradite the student back to the United States.
Given that, many international students are tempted to plead guilty to a lesser crime in order to be able to resume travel. But beware! Once a guilty plea is entered and there is a criminal conviction even to a simple misdemeanor charge on the student’s record, there could be further visa ramifications. Make sure you understand all of these before accepting a plea deal by speaking not only with an experienced criminal defense attorney but also with an immigration lawyer who can explain the effect a criminal conviction could have on your immigration status. This is true whether you are in the United States on an F-1 visa or are a permanent resident with a green card.
There are certain criminal convictions that would lead to your immediate deportation from the United States under the Immigration and Nationality Act. The list is long, but the charges commonly involve crimes of moral turpitude, aggravated felonies, failure to register as a sex offender, a drug crime in any country, domestic violence, crimes against children, or violating a protective order. Speak to an experienced attorney for legal advice and be mindful of pleading to these in order to expedite the criminal procedural situation. If deported to your home country under any of these circumstances, it is possible that you would be barred from re-entry for up to ten years and could not make a visa application during that time.
In addition to criminal penalties, if you plead or are found guilty, some schools will expel students who are merely charged with a crime prior to having their day in court. If this happens, the school is required by law to enter the expulsion in the Student and Exchange Visitor Information System (SEVIS) within 21 days. Keep in mind that most student visas require full-time enrollment in school, and therefore being expelled could revoke the visa eligibility, even if the student is ultimately cleared of the crime.
f your visa is revoked due to being expelled from school for any reason, you must leave the country. If you don’t, and U.S. Immigration and Customs Enforcement (ICE) finds you, your family could also be placed in expedited removal proceedings. But you can’t leave the United States if you are charged with a crime and awaiting trial. Therein lies the problem. You must contact an immigration attorney to sort out the details of your specific case.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.