WHAT ARE THE CONSEQUENCES FOR INTERNATIONAL STUDENTS AND NON-CITIZENS CHARGED WITH CRIMINAL OFFENSES IN PENNSYLVANIA?

Disclaimer: Any international student or non-citizen facing a criminal investigation or a criminal charge should immediately seek a consultation with a criminal defense attorney and an immigration attorney. Seek legal representation immediately - do NOT represent yourself or rely upon the accuracy of any internet articles in making important decisions.

If you are an international student on a Visa studying at a local college in Pittsburgh, and have located this article, you may find yourself facing a criminal charge, DUI offense or serious traffic violation. If you are in this unfortunate situation, do not represent yourself, do not speak with law enforcement, and make your next decision a simple and necessary one - call a criminal defense attorney right away.

In addition to calling and hiring a criminal defense attorney, all VISA holders, asylum seekers and permanent residents should also consult with an immigration lawyer as well. An immigration attorney can provide expert advice and guidance on the immigration process while your criminal defense attorney seeks the best potential outcome on your pending charges.

This article is designed to provide brief insight regarding the criminal law consequences for international students, and not a substitute for qualified representation from a criminal defense attorney and immigration lawyer.

Why you need a Criminal Defense Attorney AND an Immigration Attorney

In 2010, the United States Supreme Court decided the case of Padilla v. Kentucky, holding that the 6th Amendment of the United States Constitution requires criminal defense attorneys to provide competent and proper legal advice to non-citizen defendants regarding the immigration consequences of a guilty plea. Essentially, an attorney has to notify a non-citizen defendant that there is a risk of adverse immigration consequences, unless deportation consequences are truly clear.

What is a “conviction” for immigration purposes?

A “conviction” with respect to a non-citizen means any formal judgment of guilt entered by a court, or if adjudication of guilt was withheld in a situation where a judge or jury found the non-citizen guilty, or the non-citizen entered a plea of guilty or a no-contest plea (nolo contendere) or has admitted sufficient facts warranting a finding of guilty and a judge has ordered some form of punishment, penalty or restraint on the non-citizen’s liberty.

Essentially, if there is an outcome in which you were found guilty or admitted guilt through a plea bargain or diversionary program, you could be found to have a “conviction” for immigration purposes, even if there is no criminal conviction on your record. Typically, the Accelerated Rehabilitative Disposition (ARD) program does not require an admission of guilt. However, Probation Without Verdict (PWV) for drug offenses will require an admission of guilt.

What are the Classes of Criminal Convictions that Can Lead to Immigration Consequences?

Under federal law, there are several classes of convictions that can lead to immigration consequences for non-citizens, including:

Aggravated Felony: Including rape, murder, sexual crimes, illicit trafficking of controlled substances, certain firearms offenses, violent crimes carrying punishment of 1 year in jail or more, theft or burglary offenses carrying punishment of one year or more, crimes of fraud or deceit where the victim’s loss exceeds $10,000, owning, controlling managing or supervising a prostitution business, and/or any attempt or conspiracy conviction to commit an aggravated felony. For more information, see INA Section 101(a)(43).
Crime of Moral Turpitude: Acts which meet the element of a crime involving moral turpitude, or an attempt or conspiracy to commit a crime of moral turpitude. Crimes of moral turpitude may include, but are not limited to: crimes involving fraud or deceit, theft, specific intent crimes or crimes involving malice or knowledge as a mens rea, lewd intent crimes, sex offenses, and certain offenses where bodily injury or serious bodily injury was caused. This list of possible crimes is not exhaustive, as there may be other charges that would constitute a crime of moral turpitude.
Controlled Substance Offenses: A violation of any state law or regulations relating to a controlled substance.
Domestic Violence Crimes
Child Abuse/Crimes Against Children

There are additional classes of charges that may have negative consequences that are not listed here. Anyone facing a criminal charge should speak with a qualified immigration attorney to determine the potential immigration consequences regarding his or her pending criminal charges.

ZLF Pursues Successful Outcomes for International Students and Non-Citizens Facing Criminal Charges in Pittsburgh and Western Pennsylvania.

As experienced criminal defense attorneys who have prosecuted and defended international students and non-citizens facing criminal charges, we have one goal in mind: pursue a dismissal or reduction of serious offenses to maintain the client’s path to citizenship or continued stay in the United States.

Here are some of the many real life case examples where the Zuckerman Law Firm obtained a successful outcome for international students or non-citizens:

Visa holder facing 3rd Degree Misdemeanor Harassment charge. Result: Negotiated agreement for future withdrawal of charge.
Green card holder charged with 1st Degree Misdemeanor Retail Theft. Result: Negotiated agreement for full withdrawal of charge.
Visa holder facing a misdemeanor DUI charge. Result: Negotiated admission into the ARD program, where client will become eligible to have charges dismissed and expunged without any admission of guilt.
International student charged with 2nd Degree Misdemeanor Simple Assault, potentially constituting a Crime of Moral Turpitude. Result: Negotiation reached for client to complete anger management counseling. All charges dismissed.
Asylum seekers facing 2nd Degree Misdemeanor Recklessly Endangering Another Person charges in connection with child neglect allegation. Result: Negotiated agreement for reduction to summary disorderly conduct offense. Their independent immigration attorney concluded that disorderly conduct offense would not have immigration consequences for them based upon their individual circumstances.
Asylum Seeker charged with 1st Degree Misdemeanor Prostitution. Result: Negotiated reduction to summary disorderly conduct for fines/costs only, which carries no adverse consequences.
Green card holder seeking citizenship facing Theft charge, constituting Crime of Moral Turpitude or potentially an Aggravated Felony under INA. Result: Negotiated agreement for dismissal of charge after completion of community service.
Green card holder facing summary Defiant Trespass offense for visiting casino after being banned due to self-exclusion. Result: Negotiated agreement for dismissal of charge.
Husband and wife on VISA charged with Simple Assault in connection with a domestic violence incident. Result: Charges dismissed.

If you are here in the United States as a permanent citizen, asylum seeker, or on a visa or green card, don’t represent yourself on pending charges. For a free consultation, call the Zuckerman Law Firm at 412-447-5580 today.