How An Arrest Warrant Can Affect Your Immigration Status
How An Arrest Warrant Can Affect Your Immigration Status
If you have questions about adjusting your status or have received an arrest warrant, call us today at (619) 746-8879
Navigating the complexities of immigration and criminal law can be challenging, especially when facing an arrest warrant. If you are an immigrant—whether documented or undocumented—having an outstanding warrant can have serious legal consequences, potentially affecting your ability to remain in the United States or obtain citizenship.
Understanding how an arrest warrant can impact your immigration status is crucial to avoiding complications in your immigration journey.
Key Takeaways
- Even minor offenses can impact immigration status – Misdemeanors may lead to inadmissibility, deportation, or naturalization denials, depending on the crime and its classification under immigration law.
- Addressing an arrest warrant promptly is crucial – Ignoring an arrest warrant can result in detention by ICE and significantly reduce legal options for maintaining immigration status.
- Legal representation can mitigate consequences – Consulting an experienced immigration attorney can help explore potential remedies such as post-conviction relief or plea negotiations to avoid severe immigration penalties.
The Impact of an Arrest Warrant on Immigration Status
An arrest warrant is a legal order issued by a court or law enforcement agency, authorizing the arrest of an individual suspected of committing a crime. For non-citizens, having an active warrant can lead to severe immigration consequences, including detention, deportation, and ineligibility for immigration benefits.
These refer to any legal status, permission, or advantage granted to non-citizens by US immigration authorities. They include, but are not limited to:
- Lawful Permanent Residence (Green Card) – Permission to live and work permanently in the US.
- Naturalization (US Citizenship) – The process of becoming a US citizen after meeting residency and other requirements.
- Employment Authorization (Work Permit) – Official permission to work in the US on a temporary or permanent basis.
- Asylum or Refugee Status – Protection granted to individuals fleeing persecution in their home country.
- Temporary Protected Status (TPS) – A temporary stay for individuals from countries facing ongoing conflict or disasters.
- Deferred Action (DACA, DED, etc.) – Temporary relief from deportation and work authorization for certain individuals.
- Nonimmigrant Visas – Temporary status for work, study, tourism, or special programs (e.g., H-1B, F-1, B-2).
- Adjustment of Status – The process of changing from a temporary visa holder to a lawful permanent resident.
- Parole (Humanitarian or Public Interest) – Temporary entry into the US for urgent humanitarian or significant public benefit reasons.
- Waivers of Inadmissibility – Permission to enter or remain in the US despite certain legal barriers.
Each benefit has specific eligibility requirements and application procedures set by US Citizenship and Immigration Services (USCIS) and other immigration agencies. Would you like details on a specific benefit?
Misdemeanor Immigration Consequences
While many people assume that only serious felonies impact immigration status, even misdemeanors can have significant repercussions. Some misdemeanor offenses—such as drug possession, domestic violence, theft, or driving under the influence (DUI)—can lead to removal proceedings.
Additionally, if a misdemeanor falls under the category of a crime involving moral turpitude (CIMT), it may render an individual inadmissible or ineligible for adjustment of status.
What Crimes Affect Citizenship?
For lawful permanent residents (LPRs) seeking naturalization, an arrest warrant or a criminal conviction can pose serious obstacles. The USCIS evaluates an applicant’s moral character when determining eligibility for citizenship.
Certain crimes, including aggravated felonies, fraud, and crimes of moral turpitude, can disqualify a person from becoming a US citizen. Additionally, multiple misdemeanor convictions within a specific timeframe can negatively impact the naturalization process.
Immigration and Criminal Law: What You Need to Know
Immigration and criminal law intersect in many ways, making it essential to understand how a criminal matter can affect your immigration case. If you are facing an arrest warrant, it is highly advisable to consult with an experienced immigration attorney. Legal counsel can help determine whether the charges you face will impact your status and what options are available to mitigate the consequences.
Some potential legal remedies may include seeking post-conviction relief, vacating a conviction, or negotiating a plea deal that avoids triggering immigration consequences.
Taking Action Before It’s Too Late in Case of an Arrest Warrant
If you have an arrest warrant, it is crucial to address it immediately. Ignoring the issue can lead to severe consequences, including detention by US Immigration and Customs Enforcement and deportation.
Proactively resolving your legal matters, whether by appearing in court, complying with legal obligations, or seeking legal representation, can improve your chances of maintaining your immigration status.
Contact Kannan Law if you are in the process of adjusting your status and have received an arrest warrant.
Conclusion
An arrest warrant can have significant implications for non-citizens, affecting their ability to stay in the US, obtain legal status, or become a naturalized citizen. Understanding how misdemeanor immigration consequences and what crimes affect citizenship can help you make informed decisions about your legal situation.
Since immigration and criminal law are closely linked, consulting an experienced attorney is essential to protecting your rights and securing your future in the United States.
Frequently Asked Questions
Can an arrest warrant prevent me from traveling outside the US?
Yes, having an outstanding arrest warrant can lead to travel restrictions. If you leave the US, you may be denied re-entry, especially if the charge affects admissibility under immigration law.
Will applying for a visa or Green Card trigger a background check for outstanding warrants?
Yes, immigration authorities conduct thorough background checks during visa, Green Card, and naturalization applications. An outstanding arrest warrant may lead to delays, denials, or even removal proceedings.
Can an expunged criminal record still affect my immigration status?
Expungement does not necessarily erase immigration consequences. Even if a record is sealed or expunged, USCIS and ICE may still consider the underlying offense in immigration proceedings.