The Effects of Criminal Charges on Student Visas and College Enrollment in New York

The Effects of Criminal Charges on Student Visas and College Enrollment in New York

Getting charged with a crime as an international student in New York can have a huge impact on your student visa status and college enrollment. Even a minor offense can lead to visa cancellation and dismissal from your university program. Let’s break down exactly how criminal charges affect international students in New York.

Student Visas

International students in the U.S. on F-1 or J-1 visas must follow strict rules to maintain their legal status. One of the big ones is avoiding criminal charges and convictions. If you’re arrested or convicted of a crime, it can be grounds for visa termination.

According to U.S. immigration law, crimes involving “moral turpitude” are grounds for deportation. This includes things like fraud, theft, violence, drug offenses, and so on. Even misdemeanors like shoplifting or DUI can get your visa revoked .

As soon as you’re arrested, immigration officials are notified through fingerprint records. ICE will likely start deportation proceedings, even before your criminal case is resolved. So even if the charges are eventually dropped, your visa status could already be terminated.

Some charges like minor traffic violations may not affect your visa. But it’s smart to consult an immigration attorney as soon as you’re arrested, to understand the potential consequences .

Visa Options After a Conviction

If you’re convicted of a crime with your student visa, there are very limited options:

• Your visa will be terminated and you’ll be deported from the U.S.
• In rare cases, you may be allowed to continue your studies after serving a criminal sentence, if the school petitions on your behalf.
• You can apply for reinstatement, but will likely need to depart the U.S. first and obtain a new I-20. Approval is very unlikely.

Bottom line – a criminal conviction almost always leads to visa cancellation and removal from the U.S. Voluntarily departing after a conviction, instead of forced deportation, may help your chances of returning to the U.S. in the future.

College Enrollment

A criminal charge or conviction will also jeopardize your enrollment and academic status as an international student in New York. Here’s how:

Suspension or Expulsion

Most colleges have codes of conduct that prohibit criminal activity. If you’re charged with a crime, the school may suspend or even expel you through the disciplinary process .

The suspension may last until the criminal case is resolved. If you’re convicted, the school may expel you. Drug and alcohol offenses often lead to immediate suspension or dismissal.

Loss of Scholarships or Financial Aid

If you receive a scholarship or financial aid through your school, a criminal charge may make you ineligible to receive those funds. Read your scholarship terms to understand the academic and character requirements.

Problems Enrolling at a New School

Many colleges ask about criminal history during the admission process. If you previously attended a U.S. school but were suspended or expelled due to a criminal conviction, any new school you apply to will likely find out.

This can negatively impact your chances of admission. Some schools may deny you admission altogether based on criminal history. Others may admit you but impose restrictions like probation periods.

Returning After Suspension

If you’re suspended but not expelled from your New York school, you may be able to resume your studies after the criminal case concludes. You’ll likely need to re-apply for admission and go through disciplinary hearings.

The school will consider factors like – your academic record, criminal charges, potential visa issues, time elapsed, and evidence you’ve rehabilitated . Be prepared to explain why you deserve another chance.

Protecting Your Status

Here are some tips to avoid criminal issues as an international student in New York:

• Obey all laws and avoid illegal behavior like underage drinking, drug use, theft, etc.
• Avoid high-risk situations that may lead to arrest.
• Be very careful with alcohol and parties. Even minor offenses can carry huge consequences.
• Speak to a criminal defense attorney if questioned by police or charged with an offense.
• Consult with an experienced immigration attorney if arrested or convicted.
• Read your school’s code of conduct and understand disciplinary procedures.

Criminal charges have severe implications for international students in New York. A conviction will likely lead to visa cancellation and difficulty enrolling at any U.S. school in the future. So be very mindful to obey all laws and school policies during your stay.

References

What Crimes Make a Person Deportable? – NOLO

Maintaining F-1 Status – International Student

SUNY Policies on Sexual Violence Prevention and Response – SUNY