The United States is still a land of opportunity.  Even though the United States economy has taken a downturn compared to where it was 10 to 15 years ago, the United States still provides more opportunity to make a living than any other country in the world.  Therefore, people from all over the world still seek to obtain work visas so that they can work in the United States.  Because demand is still so high for obtaining a work visa, obtaining a visa to work in the United States can be a difficult process.

If you are fortunate enough to be working in the United States on a work visa, you should exercise every effort to make the most of your opportunity.  But you should also know that there are certain actions or situations that make you ineligible for keeping your work visa.  These actions or situations are described in detail on the web site of the U.S. Department of State at http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html, but one of the actions that can result in you losing your work visa is if you commit a crime or are affiliated with those who have committed a crime.

In general, criminal activity can have an impact on your work visa if you commit the crime while in the United States or in some cases if you did so before entering the United States.  This criminal activity can include the following:

Single crime with a lengthy prison sentence. Committing a crime where the maximum sentence for the crime can be greater than one year in prison or where the defendant is actually sentenced to serve more than six months in prison.

Multiple crimes. Committing two or more crimes where the combined sentence of all the crimes is five years or more in prison.

Drug trafficking. Trafficking an illegal or controlled substance; aiding in the trafficking of an illegal or controlled substance; or as the spouse, son, or daughter of someone who has trafficked an illegal or controlled substance, receiving financial benefits as a result of the illegal activity.

Prostitution. Performing prostitution or receiving anytime in the previous 10 years the proceeds from prostitution.

Human trafficking. Trafficking in people or otherwise aiding those who traffic in people.

Money laundering. Laundering money or otherwise aiding those who perform money laundering.

Terrorism. Engaging in any terrorist activity or otherwise having ties to or supporting a terrorist organization.

Criminal intent. Entering the United States with the intent to engage in any other unlawful activity.

As you can read in the list above, the crimes that will result in losing your work visa are not trivial in nature.  These crimes are either felonies or otherwise involve significant intent to perform an unlawful activity that is considered to be bad for society as a whole.

What should I do if I am in the United States on a work visa and have been accused of a crime?

If you are in the United States on a work visa and you have been accused of a crime, you should seek legal assistance from a trained attorney immediately.

Please complete the short form found at http://www.criminaldefensehome.com/eval_bar.php, and a criminal defense attorney will contact you to review your situation.  This review is completely confidential, free of charge, and does not obligate you to anything further.  Therefore, please take advantage of this opportunity to get the legal representation you need.

by Mark Johnston

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