Expat Guide to U.S. Arrests & Legal Rights | Immigration Criminal Guide | NationRules
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Expat Guide to U.S. Arrests & Rights

Crucial steps and legal advice for visa holders facing arrest or criminal charges in the U.S.

1 1. Invoke Your Right to Remain Silent

Do not discuss your immigration status, history, or the details of the incident with the arresting officers without an attorney present.

⚠️ Critical Impact: Anything you say can and will be used against you in criminal court and subsequent immigration removal proceedings.

2 2. Request an "Immigration-Aware" Criminal Attorney

A standard public defender or criminal defense lawyer may not understand how plea deals affect visas. You need a defense attorney who collaborates with an immigration attorney.

⚠️ Critical Impact: Avoid plea bargains that include sentences of 365+ days or admittances of guilt to theft/fraud, as they trigger mandatory deportations under federal law.

3 3. Do Not Admit to Facts or Sign Disclosures

Officers may offer you immediate release or "deferred adjudication" in exchange for signing a confession or admitting to facts.

⚠️ Critical Impact: For USCIS, admitting to the elements of a crime counts as a conviction even if the judge dismisses the case later.

4 4. Prepare for Visa Revocation (DOS Prudential Revocation)

If arrested for a DUI or physical dispute, the Department of State will likely cancel your visa stamp via email (Prudential Revocation). You remain legally in the U.S., but cannot re-enter if you leave.

⚠️ Critical Impact: Do not travel outside the U.S. until the case is fully resolved and you have consulted an immigration specialist.

Padilla v. Kentucky Landmark Ruling

Under the Supreme Court case Padilla v. Kentucky, criminal defense attorneys are constitutionally required to advise non-citizen clients of the deportation risks associated with plea deals. Always ask your criminal defense attorney if they have consulted with an immigration attorney before signing any agreements.