Arrest and deportation

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roneedonee

Registered Users (C)
I got arrested and served the term for misdemeanor crime. (It was more of discount label mischievous at retail store result of challenge with friend), which I realized now how stupid I can be to do such thing and have enormous regret for my behavior. I got my punishment also. Cops arrested and detained me for one day and next day released by my saying about charges “No Contest” since I have served the term already. Story of my blunder ends here may not be true for future implication.

My status in USA:

I am at present on H1B holder and visa is stamped on my passport till Jan, 2006 and currently working.

My real concerns are :

1) I have my flights booked to India (I am going alone not with family) in the month of November. My concern is while I return at Port Of Entry, they may denied me entry if they see my arrest entry in their system even though I have served the term and my crime was not even felony or any kind of threat. Or I should avoid going out of USA since my family will be here only? In that case how long I can avoid going out?

Pl advice what one should expect in cases like this? Whether they can hold me at airport and deport me without even letting me go to my home and to family in USA for this kind of previous crime which is already served (Other then this my record is clean)
 
roneedonee said:
I got arrested and served the term for misdemeanor crime. (It was more of discount label mischievous at retail store result of challenge with friend), which I realized now how stupid I can be to do such thing and have enormous regret for my behavior. I got my punishment also. Cops arrested and detained me for one day and next day released by my saying about charges “No Contest” since I have served the term already. Story of my blunder ends here may not be true for future implication.

My status in USA:

I am at present on H1B holder and visa is stamped on my passport till Jan, 2006 and currently working.

My real concerns are :

1) I have my flights booked to India (I am going alone not with family) in the month of November. My concern is while I return at Port Of Entry, they may denied me entry if they see my arrest entry in their system even though I have served the term and my crime was not even felony or any kind of threat. Or I should avoid going out of USA since my family will be here only? In that case how long I can avoid going out?

Pl advice what one should expect in cases like this? Whether they can hold me at airport and deport me without even letting me go to my home and to family in USA for this kind of previous crime which is already served (Other then this my record is clean)
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To me its a misdemeanor, try to consult an immigration attorney who also knows abt criminal issues out of it (I mean a good immigration attorney with some expereince with removals., not just a one who's good in filling forms).
You may be off the hook.
In any case if you have to go out of country, they will question you at POE.
They will either send you to secondary inspection or defferred inspection, because you finger print will likely be a hit.They just can't deport you for a misdemeanor and if the max sentence in the statute is less than a year and it was only one incident for you.
Keep all the court docs and offence sheets handy.Before you leave the country, consult a lawyer.
Your lawyer may file for "petty offence" exception, if the situation demands.

==BTW, i am not an expert, consult a attorney.
 
thanks

I have company attorney. Do I have to involve him and tell him complete story? I feel there is no way out of this. I am worried about how my company will react because my attorney will inform them also.

Time being I decided to cancel my trip or at least postpone my trip. Thanks
 
If your journey deserves more merit and you don't want to involve your immigration attroney, contact an immigration attorney who fights criminal cases and "removals".
I can bet 90% of typical immigration attorneys who only have corporate clients don't have that expertise to handle a bit complicated case.

Check these sites :
www.findlaw.com

I am dealing with Attorney Bretz at www.bretzlaw.com for somewhat complicated case like yours. He is an immi attorney specializing in criminal cases.
His initial phone consultation is 250 bucks /hr
 
roneedonee..

Did you have any trouble getting back in the country? what happened at the airport? Thanks.

Molder
 
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