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The person is held in custody until arraignment and then may be released on bond but that is "iffy' since he or she would be considered a flight risk. The US Justice Department will usually have jurisdiction and they will decide if the person should stand trial for his or her alledged crime or if he or she will be deported to his or her country of origin and barred from reentry into the US for a specified time. If the person stands trial and is convicted he or she will serve the imposed sentence for the crime and then be deported "with prejudice", which permanently bars legal reentry into the US

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Q: What happens to a person on a 90 day visa in the United States if he is arrested for the crime of identity theft?
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