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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

An arrest can create two very different legal problems for someone living in the United States on a temporary visa. The criminal case may be the immediate concern, but the immigration consequences can continue long after the person leaves the police station or courthouse.

For nonimmigrants in Chicago, Naperville, Schaumburg, and throughout Illinois, an encounter with law enforcement should be evaluated with both systems in mind.

An arrest may affect future travel, visa applications, immigration benefits, or the ability to return to the United States. The criminal and immigration consequences do not always follow the same rules.

An Arrest Is Not the Same as a Conviction

Being arrested does not mean someone has been convicted of a crime. That distinction matters, but it does not necessarily make the arrest irrelevant for immigration purposes.

Immigration consequences depend on numerous factors, including the person’s current status, the alleged conduct, the criminal statute involved, how the case is resolved, and the immigration benefit the person may seek later.

Certain criminal convictions can create grounds of inadmissibility under federal immigration law.

Those grounds include particular crimes involving moral turpitude and controlled-substance violations. But waiting until a conviction occurs to consider immigration consequences can be a serious mistake.

Criminal and Immigration Experience Matters

Your Next Immigration Application May Raise the Issue

A nonimmigrant who remains in the United States after an arrest may eventually need to extend or change status, apply for another immigration benefit, renew a visa abroad, or pursue permanent residence.

That can bring the criminal matter back into focus.

For example, someone who later applies for a new nonimmigrant visa generally must complete Form DS-160, Online Nonimmigrant Visa Application.

Applicants certify that their answers are true and correct. Providing false or misleading information can itself have serious immigration consequences.

Criminal charges being reduced or dismissed also does not mean an applicant should assume the incident never needs to be addressed. What must be disclosed depends on the question being asked and the immigration process involved.

Leaving the United States Can Change the Situation

International travel deserves particular attention after an arrest.

A person may have remained in valid nonimmigrant status while the criminal matter was pending, but leaving the United States can create a new immigration decision point. A traveler who needs a new visa may face questions during the visa application process.

Returning travelers are also subject to inspection by U.S. Customs and Border Protection (CBP), which determines admissibility at the port of entry.

Before making travel plans, a nonimmigrant with a recent arrest should understand whether the incident could affect visa issuance or readmission.

Why Criminal and Immigration Experience Matters

Criminal defense attorneys focus on the criminal case. Immigration attorneys analyze how criminal conduct, charges, dispositions, and records interact with federal immigration law.

For a nonimmigrant, both analyses may be necessary.

Don’t evaluate a resolution that looks favorable from a criminal standpoint without considering immigration consequences.

Likewise, decisions about travel or future immigration filings should account for the criminal case rather than treating it as a separate issue.

Immigration attorney Shobhana Kasturi helps nonimmigrants understand how arrests and other interactions with law enforcement may affect their immigration status and plans.

If you are a nonimmigrant in Chicago or elsewhere in Illinois who has been arrested or had another significant interaction with law enforcement, contact Kasturi Law, LLC by phone or through Zoom for a 30-minute or 60-minute appointment to schedule a consultation before making decisions that could affect both your criminal matter and your immigration future.

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