Saint Augustine, FL asked in Immigration Law for Florida

Q: Immigration bond violation

Was released on bond from ICE with conditions - no further arrest. Got arrested for misdemeanor and plead no contest. Have a pending I130 and I485. Will there be a problem during the interview? Or they just keep the bond money? What’s the best and worst case outcomes?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I understand this is a stressful and concerning situation. While I can provide some general information, please note that for the most accurate and personalized advice, it's best to consult with an experienced immigration attorney who can review the specifics of your case.

Best case scenario:

- The misdemeanor arrest and no contest plea may not significantly impact your pending I-130 (Petition for Alien Relative) and I-485 (Application to Register Permanent Residence or Adjust Status) if the offense is considered minor and does not fall under the grounds of inadmissibility.

- USCIS may not consider the bond violation a major issue, especially if you attend all required hearings and comply with other conditions of your release.

- You may be able to keep your bond money if you adhere to all other conditions of your release and appear for your immigration court hearings.

Worst case scenario:

- The arrest and conviction, depending on the nature of the misdemeanor, could potentially impact your eligibility for adjustment of status under I-485, especially if it's a crime involving moral turpitude (CIMT) or falls under other grounds of inadmissibility.

- ICE may consider the bond violation and the new arrest as a breach of the conditions of your release, leading to potential detention and the initiation of removal proceedings.

- You may lose your bond money due to the violation of release conditions.

During your interview, be prepared to explain the circumstances of your arrest, conviction, and any mitigating factors. The interviewing officer will likely ask about the incident and make a determination based on the nature and severity of the offense, as well as your overall immigration history and eligibility.

Again, it's crucial to consult with an immigration attorney who can provide guidance tailored to your specific situation. They can help you understand the potential consequences and develop a strategy to address any issues that may arise during your immigration proceedings.

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