Will an International Student Be Deported for Committing a Crime?

Criminal Defense for International Students 317-636-7514

Criminal Defense for International Students 317-636-7514

International students are prone to more severe penalties when they commit a crime. Not only are they subjected to the usual criminal penalties, they also face possible deportation. This means they can be sent back to their country of origin and not be allowed to return. Sometimes, the United States will not admit foreign students into the country if they have certain types of crimes on their criminal record, even if it is a misdemeanor crime in the state they wish to visit.

Which Crimes are Deportable?

International students who commit a crime “of moral turpitude” that is punishable by up to one year or more in jail may be deportable. Although the term, “moral turpitude” is vague and not technical, it refers to crimes that involve fraud or present danger to others. It can also include fleeing from a police officer, minor consumption of alcohol, and public intoxication. For this reason, charged international students must hire an experienced criminal defense lawyer who can fight for their rights to remain in our country. They may also need to consult with an immigrations lawyers.

Crimes that involve substance control possession can result in deportation. However, it depends on the type of drug and the amount in possession. It is unlikely for a student to be deported for possession of marijuana under 30 grams. On the other hand, priors and enhancements can make this type of offense a deportable one. It varies from person to person. In the case that a student is charged and convicted of an inadmissible offense (such as the example of marijuana possession above), they may not be deported, but once they do leave the country, they will not be allowed to come back ever again.

Other crimes that are deportable include those of forgery, fraud, theft, and of course, violence. There are also certain traffic offenses that may make an international student deportable. It is important for college students from another country to retain professional legal counsel if they face criminal charges in order to avoid possible deportation and inadmissibility. An international student should never appear in court without a criminal defense lawyer on their side.

Aggressive Indianapolis Criminal Defense

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense against criminal charges and citations in Indianapolis, Indiana. We offer free initial consultations to discuss the best strategies of defense for your legal situation. Call 317-636-7514 today to get started.

What Happens to Foreign Nationals that Commit Crimes in the United States?

Criminal Defense Law Firm 317-636-7514

Criminal Defense Law Firm 317-636-7514

The United States Immigration and Customs Enforcement Office, or ICE, enforce various federal laws concerning border control, immigration, trade, and customs for the United States of America, in order to uphold homeland security and public safety. They do everything in their power to prevent threats and acts of terrorism, human trafficking, illegal trading, illegal importing and exporting, transnational crimes, and much more, all while focusing on smart immigration enforcement. ICE is an integral part of our country’s national security, and as U.S. citizens, we should be very grateful for their efforts. Continue reading to learn more about immigration court, and how non-citizens are informed of an indictment in the United States.

Illegal Immigrant Crimes

If the United States Immigration and Customs Enforcement Office (ICE) suspects a non-citizen has committed an offense that makes them eligible for deportation, they notify the immigration court who will then issue a “Notice to Appear” (NTA). This is an official government document that formally requests a person’s presence in court (in this case, immigration court) in order to begin the removal proceedings against them.

This document is generally sent through postal mail to a person’s last known address or attorney, or hand-delivered by an immigrations officer. It contains the criminal allegations and charges against them, as well as, the time, date and location of their mandatory appearance before a judge. Their hearing is generally within 10 days of receiving the notice.

When a person arrives for court and appears before the immigration judge, the judge might detain the individual and then schedule a bond hearing to determine whether or not to release them later. Then the judge schedules a Master Calendar Hearing, generally the initial hearing in most immigration cases, to review the charges and evidence against them. At this hearing, the immigration judge will go on to then schedule an Individual Merits Hearing. During the Individual Merits Hearing, the government must prove the charges alleged in the NTA against the non-citizen defendant. The non-citizen defendant can refute these allegations with witnesses and testimony if they so choose. At the conclusion of this hearing, the immigration judge will decide if the foreign national should be removed from the country or not.

Indiana Criminal Defense

Criminal Defense Lawyer

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 to discuss your recent criminal charges in Indianapolis, Indiana. He is a seasoned criminal defense lawyer that will fight to protect your rights and preserve your freedoms after being charged with a crime in Indiana. Our law firm offers free initial consultations for those charged with a misdemeanor or felony crime. We work around the clock to build a strong and impactful defense against your criminal allegations. Call 317-636-7514 to speak with a licensed criminal defense attorney in Indianapolis you can trust.