Criminal Offenses While on a Maryland Student Visa

When someone is charged with a crime while in the United States on a student visa, the consequences can be very severe. There are usually two possibilities, one of which is that the U.S. Immigration and Customs Enforcement (ICE) will begin removal proceedings for the student. The other is that a student will unwittingly leave the U.S., try to return, only to be disallowed re-entry because of their previous criminal charge. Both scenarios are unattractive options for students who are trying to pursue a quality education in the United States.

A student facing criminal charges will likely want to speak with an experienced Maryland student visa lawyer to discuss how they can defend themselves against jeopardizing their status in the U.S. Because theses cases involve criminal charges and immigration issues, it is vital to seek the advice of attorneys who understand both fields of law and can guide you clearly.

Getting Arrested While on Student Visa

The severity of a criminal offense for someone on a student visa depends on what they are arrested for and if it is something that makes them removable. A lot of times minor drug offenses have serious consequences in Maryland. The student can get placed into removal proceedings and get placed before the immigration judge.

Another thing that happens is that people commit a crime that might make them ineligible for their status, but ICE does not pick up on it and they do not get placed into deportation proceedings or removal proceedings. Then they will travel abroad. They will go home and they try to come back. At that point, their arrest will be revealed and they may not be allowed to reenter.

ICE Failure to Notice Removable Offenses

The likelihood that ICE fails to pick up on removable offenses is much higher than people would expect. It is much more common if the person is not currently detained. If the person is put into detention for the criminal offense, it is much more likely that ICE will pick up on them because ICE does rounds about every 48 hours at detention facilities. They check on new detainees and then check their immigration status. If that happens and the person gets detained, it is very likely ICE will find them. However, if they are not detained at all, it is relatively unlikely that ICE will know a person has committed a removable offense. It depends on where they are, ICE’s workload, and how effective they are at doing their jobs in the region that you are in.

Removal Proceedings Following a Maryland Criminal Charge

A person is usually not immediately deported after they’ve been charged with a crime. It depends on the case. You may have other options for defending yourself in immigration court. There may be an argument that your offense should not be considered a removable offense. A lot of times ICE and the Department of Homeland Security will argue that the defense falls under the category of, for instance, a crime of moral turpitude or an aggravated felony, but there may be an equally valid defense argument.

Arguing against the government regarding removal proceedings is a big factor in a Maryland student visa lawyer’s work. Sometimes it can be very complex, and there are not defined yes or no answers. Part of what a client and their attorney might be doing in front of the judge is simply litigating whether the crime does makes them removable or not.

Maryland Student Visa Lawyer