As a foreign worker, receiving your visa can be an incredibly exciting time. Not only does this allow you the opportunity to gain employment, but doing so in the United States is something that many dream about. If you are arrested while on a work visa in Fairfax County or the surrounding Washington D.C area, your immigration status may immediately be at risk. Even without a conviction, an arrest can lead to loss of employment and the revocation of your visa. As such, this can be incredibly scary. However, understanding the penalties you’re facing is critical to protecting your ability to remain in and work in the United States. As such, if you have been placed under arrest and charged with a crime, it is critical to connect with Fairfax County immigration lawyers to discuss your legal options and help you fight for the best possible outcome for your unique circumstances.
What Happens to My Visa if I Am Placed Under Arrest?
When you are placed under arrest in Virginia, it’s imperative to understand the potential visa issues you can face. First and foremost, you’ll find that an arrest, even if you are not convicted, can result in your employer terminating your employment. This most likely violates the terms and conditions of your visa, which can require you to leave the country.
Even if your employer does not terminate your employment, an arrest, with or without a conviction, can lead to the revocation of your visa. In some instances, a conviction will lead to deportation. While your case is pending, you will likely be held by immigration authorities in a detention facility.
If you are arrested, even if you are not convicted, this can impact your ability to find employment or receive a visa if you wish to re-enter the country at a later date.
Key Immigration Consequences of an Arrest
- An arrest alone can trigger visa scrutiny, even if a conviction does not occur
- Your employer may terminate your employment following an arrest, ultimately violating the terms of your visa
- Certain criminal charges can render you inadmissible or removable
- Pending charges can prevent future visa renewals
- Serious offenses, meaning crimes of moral turpitude, carry a higher risk
How Different Visas May Be Impacted
- H-1B: Loss of employment generally ends lawful status
- L-1: Dependent on employer, but termination generally interrupts eligibility
- F-1 OPT: Arrests can impact SEVIS records and future immigration applications
- E: Dependent on the type of charge against you
When an Arrest Leads to Deportation or Removal Proceedings
- Convictions involving crimes of moral turpitude (CMTs)
- Drug-related offenses, even instances of minor possession
- Multiple criminal charges
- Violations related to fraud or misrepresentation
- Immigration status violations caused by job loss
What Are My Legal Options?
If you are placed under arrest while in the United States on a work visa, it is critical to take the necessary steps to protect yourself during these complex matters. Typically, the most important thing you can and should do is immediately invoke your right to remain silent and ask for an attorney. You should not speak with immigration officials or law enforcement without a lawyer present to advise you and protect your rights.
Your attorney can help you navigate this difficult process to protect your status in the United States. In the event the charges against you are dropped, it may help improve your chances of remaining in the country and appealing the decision made by the United States Citizenship and Immigration Services (USCIS).
Immediate Steps to Take After an Arrest
In Fairfax County and throughout Northern Virginia, arrests can lead to coordination with federal immigration authorities, ultimately increasing the risk of detention or removal proceedings. As such, acting quickly and appropriately is critical to fighting for the best possible outcome.
- Invoke the right to remain silent
- Immediately request an attorney and do not answer questions until they are present
- Do not discuss your immigration status without your attorney present
- Do not sign any documents you do not fully understand
- Contact both a criminal defense and an immigration attorney
Can Charges Be Reduced to Protect Immigration Status?
- Certain plea deals may reduce immigration consequences
- Avoiding CMTs or aggravated felony offenses is critical
- Alternative sentencing options can help preserve immigration status
How Arrests Impact Future Visa Application
Even if you remain in the United States following your criminal arrest, it may still have an impact on future immigration benefits. U.S. immigration authorities review criminal history when determining matters like visa renewals, green card applications, and re-entry to the U.S.
Long-Term Immigration Risks
- Visa renewals may be denied as a result of an arrest history
- Consular officers may refuse visas during interviews
- Background checks may indefinitely flag prior arrests
- Traveling outside of the U.S. can trigger re-entry risks
When You May Still Qualify for Relief
- Charges dismissed or expunged (will still be visible to immigration officials)
- Obtaining a waiver of inadmissibility
- Strong employment history and compliance with U.S. and immigration law may help with discretionary decisions
- Legal representation can help improve your chances of approval
Contact an Experienced Fairfax County Immigration Attorney Today
Being placed under arrest as a visa holder can be an incredibly overwhelming and scary matter. That is why it is vital to connect with an experienced Virginia immigration attorney at Goel & Anderson. Our dedicated immigration attorneys can examine the circumstances of your case to help you navigate this matter and fight for the best possible outcome for your case. When you need help, contact us today to learn how we can assist you.
