Getting in trouble with the law is scary for anyone. But if you’re not a U.S. citizen, it can be even more confusing and stressful. One wrong move can affect your immigration status; or worse, lead to deportation. That’s why it’s important to know what to do right away.
This guide breaks down what happens when a non-citizen is charged with a crime. We’ll explain the types of charges that can hurt your immigration status, what steps to take next, and how to protect your future in the U.S. No big legal words here; just clear, simple advice you can use.
What Happens When a Non-Citizen Gets Arrested?

When a non-citizen gets arrested, things can get complicated fast. Not only are you dealing with a possible criminal charge, but your immigration status could also be at risk. That’s why it’s so important to understand what’s going on and what steps to take next.
If you’re in this situation, speaking with a criminal lawyer Ottawa residents trust can make a big difference. This section breaks it all down in a way that’s easy to follow.
Getting Arrested: What It Really Means
An arrest happens when the police believe you broke the law. They take you into custody, which means you can’t leave. You might be handcuffed, taken to the police station, and asked questions. If you’re not a U.S. citizen, it’s normal to feel scared; but remember, you still have rights.
Your Rights After Arrest
Even if you’re not a citizen, you have the right to remain silent. That means you don’t have to answer any questions about your case or your immigration status. You also have the right to speak to a lawyer. If you ask for a lawyer, the police must stop asking you questions until you get one.
Criminal Court vs. Immigration Court
After your arrest, you might go to criminal court. This is where they decide if you broke the law. But if you’re a non-citizen, you might also have to deal with immigration court. This is where they decide if you can stay in the U.S. or not. These are two separate courts, and they don’t always work together.
Why Every Step Matters
One small mistake during your case can hurt your immigration status. That’s why it’s important to stay calm, tell the truth to your lawyer, and follow their advice. The sooner you get help, the better chance you have to protect your future in the U.S.
Types of Crimes That Affect Immigration Status
When you’re a non-citizen, not every crime has the same effect on your immigration status. But some crimes can cause serious trouble, including being forced to leave the country. Understanding the types of crimes that affect immigration status can help you make smarter choices and protect your future.
What Is a Deportable Offense?
A deportable offense is a crime that can get you kicked out of the U.S. Not all crimes are considered deportable, but some are very serious in the eyes of immigration officials. These crimes can include anything from drug charges to violent acts. If you’re charged with one of these, you could face removal from the country.
Common Crimes That Cause Problems
Certain crimes often cause trouble for non-citizens. Drug-related crimes, even minor ones, are usually treated very harshly by immigration authorities. Other common examples include theft, assault, or driving under the influence (DUI). Even if the crime seems small, it could still affect your ability to stay in the U.S.
The Danger of “Aggravated Felonies”
Some crimes are called aggravated felonies. Despite the scary name, this category includes many offenses, some of which might surprise you. These crimes carry severe immigration consequences, like losing the chance to become a citizen or being barred from re-entering the country. It’s important to know if your charge falls into this category.
Why Small Mistakes Matter
Even a minor charge can sometimes lead to big immigration problems. Immigration law is strict, and it doesn’t always look at your situation the same way a regular court might. That’s why getting legal advice quickly can make a big difference if you’re charged with a crime.
What to Do After Getting Charged
If you’re a non-citizen and you get charged with a crime, knowing what to do next can make all the difference. The first few hours and days after a charge are critical. Taking the right steps early can help protect your immigration status and your future in the U.S.
Stay Calm and Don’t Panic
Getting charged with a crime is scary, but staying calm helps you think clearly. Panicking or rushing into decisions can lead to mistakes that might harm your case. Take a deep breath and focus on what you need to do next.
Contact an Immigration Lawyer Immediately
One of the most important things you can do is find a good immigration lawyer who understands both criminal and immigration law. A lawyer can explain your rights, help you understand the charges, and guide you through the legal process. Don’t try to handle this alone, especially if you don’t understand the law.
Avoid Signing Anything Without Legal Advice
After you’re charged, you might be asked to sign documents or agree to deals. Before you sign anything, talk to your lawyer. Some agreements or pleas might seem helpful but can hurt your immigration status later. Always get advice before making decisions.
Understand Bail and Court Dates
You might have the chance to post bail and go home while waiting for your court date. Make sure you know when and where you need to be for your hearings. Missing court dates can lead to more serious problems, including deportation.
Be Honest With Your Lawyer
It’s important to tell your lawyer everything about your situation, even if it feels uncomfortable. The more your lawyer knows, the better they can defend you and protect your immigration status. Remember, your lawyer is there to help, not judge.
How to Protect Your Immigration Status During a Case
When you’re a non-citizen facing criminal charges, protecting your immigration status becomes just as important as handling the criminal case itself. The good news is that there are clear steps you can take to keep your future in the U.S. safe, even while the case is going on.
Work Closely With Your Lawyer
The best way to protect your immigration status is to have an experienced immigration lawyer by your side. Your lawyer can explain how the criminal charges might affect your case and help you make smart decisions. Always share all details honestly so your lawyer can find the best defense for you.
Understand Plea Deals and Their Impact
Sometimes, you might be offered a plea deal to avoid going to trial. While this can seem like a quick fix, it’s important to know that certain pleas might harm your immigration status. Your lawyer can help you understand the risks and find options that won’t put you at risk of deportation.
Avoid Charges That Lead to Deportation
Some charges automatically make you deportable, so it’s critical to avoid pleading guilty to those if possible. Your lawyer might work to reduce or change the charges to ones that don’t affect immigration. This could mean the difference between staying in the U.S. and being forced to leave.
Stay Legal While the Case Moves Forward
If you’re out on bail or released, make sure to keep your immigration paperwork up to date. Attend all court dates and immigration hearings on time. Missing appointments can hurt your chances and may lead to deportation.
Keep Calm and Stay Informed
Facing criminal charges is stressful, but staying calm helps you make better choices. Stay informed about your case, ask questions, and lean on your lawyer for guidance. The more you understand, the better you can protect your immigration status.
Conclusion
Facing criminal charges as a non-citizen is tough, but you’re not alone. Knowing your rights and acting fast can make a huge difference. Get legal help, stay calm, and protect your future. A mistake doesn’t have to end your dreams; there’s always a path forward when you know what to do.