What Happens When a Green Card Holder Is Arrested?

If you are a U.S. lawful permanent resident (green card holder) who has had a run-in with law enforcement authorities, you are right to be concerned about your immigration situation. A record of criminal activity can lead to the loss of one's U.S. permanent resident status and thus deportation from the United States—in some cases, regardless of whether you were actually convicted of a crime.

What to Do After a Recent Arrest in the United States

If you are still facing criminal charges, but nothing has been finalized, speak to an immigration attorney immediately—even if you already have a criminal defense attorney or public defender.

Often, defense attorneys know little of how a particular strategy in criminal court will impact your permanent resident status. And in case you are ultimately found guilty, now is the time to make sure that the conviction and sentence will do the least damage to your ability to keep your green card. Sometimes, for example, exactly which crime a person is charged with can make a huge difference in immigration terms, and the prosecutor might be willing to agree to a slight change in the charging language or a plea agreement. Or maybe you could spend a little more time in jail in return for a reduced sentence that would protect your green card.

An immigration lawyer can help you and your defense attorney discuss whether such options are possible, and devise a strategy before the criminal justice process has gone too far.

If Proceedings Are Over, Were You Actually Convicted of a Crime?

The biggest question, if you have been arrested for a crime and been through the criminal court system, is what was the final result? In many instances, whether you can be found deportable depends on whether you were actually “convicted” of a crime. The term “conviction” means, under the immigration laws, that you were both:

• found guilty, and
• that you had some sort of punishment imposed.

Also, in most U.S. court circuits, you are considered to have been convicted of a crime only if the decision in your case is final, that is, not under appeal.

Being found guilty of a crime can include formal findings by a judge or jury, a plea of guilty or nolo contendere, or having admitted sufficient facts to warrant a finding of guilt. Punishment might include a penalty (such as a fine or community service) or a restraint on liberty (such as a jail sentence). (See the Immigration and Nationality Act at I.N.A. § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).)

There are various situations in which you would not be found to have been convicted of a crime. For example, no conviction exists after a juvenile delinquency finding rendered in juvenile court, an acquittal, or a dismissal before conviction or after deferred prosecution or a deferred verdict (assuming that you didn’t separately plead guilty or "no contest," or admit facts sufficient to justify a conviction). See an immigration attorney for a full analysis of the implications of your actions or decision.

What Crimes Can You Be Deported for Even Without a Conviction?

For a green card holder, indications that you have abused or are addicted to drugs can make you deportable. (See Immigration Effect of a Drug Crime Conviction.) These are sometimes referred to as “conduct-based” grounds of deportability, because they depend on the U.S. government’s assessment of your actions and admissions, not on whether you were convicted of a crime.

An even broader array of crimes can make a person “inadmissible.” (For details, see Who Can't Get Into the United States Under U.S. Immigration Law?.) This is less likely to affect you as someone who already has a green card. It is primarily a concern for people applying for green cards and U.S. visas. However, if you travel outside the United States for 180 days or more, or commit a crime while you're away, your inadmissibility could be a problem if and when you try to return.

The Bottom Line: Consult an Immigration Attorney

Whether or not you’ve been convicted of a crime is just the begin of a long and complex analysis of the impact of your arrest on your status as a green card holder. The stakes are high, and U.S. immigration laws give the enforcement authorities plenty of room to argue that even misdemeanors and other relatively low-level crimes should make the green card holder deportable. Get yourself a top-quality immigration lawyer as soon as possible. For tips on this process, read How to Find an Excellent Immigration Lawyer Near Me.