Noncitizens with criminal convictions who travel outside the U.S. risk being detained by ICE upon their return. Whether a person can be detained at the airport or border, upon their return to the U.S., depends on their immigration status and their arrest and conviction history. The rules governing these determinations are complicated. Certain convictions may result in detention and deportation for a lawful permanent resident, while other convictions will not. Certain convictions can lead to detention, loss of legal status, and deportation for people with Deferred Action for Childhood Arrivals ("DACA"), but may not for those with Temporary Protected Status ("T.P.S.), or who are lawful permanent residents.
Every year we are contacted by desperate family members of someone detained by I.C.E. at J.F.K. Airport upon their return from a vacation or emergency travel outside of the U.S., as the result of their loved one's prior convictions — even decades old convictions. Often, the person is in shock, because despite having previously left and returned to the U.S. without incident, with that same criminal-immigration history, the person is now detained by I.C.E.
If you are not a U.S. citizen, and plan on traveling outside the U.S. this summer, have an attorney familiar with the interplay between criminal and immigration law evaluate your history, and provide you a written assessment of the risks you may face if you travel outside the U.S.. Even individuals whose criminal charges were dismissed face a risk of detention, and can benefit from legal guidance on how best to handle questioning by ICE at the airport.
If you or your loved one are not citizens of the U.S., and plan on traveling outside the U.S., take the time now to schedule a consultation and evaluation. It may save you the misery of detention in a distant ICE facility, and the cost of fighting your deportation-removal.
Call us today to schedule your consultation with one of our experienced attorneys: (516) 742-3838.