Misdemeanor and travel

J

Jonesw

New Member
Back in July 2011 I was charged with a misdemeanor, got 1 year probation (non report) which I completed in 2012. I also got anger management which I completed within the first 30 days. On the advice of my attorney I pleaded nolo contendere. Outside of that I have never even had a traffic ticket. The actual charge was disruption of a public school, but it was actually a school bus. A second grader was bullying my 6 year old daughter on the bus and I went onto the bus to confront the kid. Had no idea that parents were not allowed on the school bus in ga, and since we came from ny had never taken the bus before, so when the driver told me not to come onto the bus I ignored her and hence the charge.

My question is that I want to travel outside of the us for Christmas and want to know if I can be detained at POE on return and if this is a deportable charge. Any help will be useful and thanks in advance.
 
What article number were you charged with? Were you dealing with municipal or state court?

As you are travelling abroad, you need to worry about things that can make you 'inadmissible' rather than just 'deportable'. If they find you inadmissible, the ICE will refuse your entry into USA even though your offense is not deportable.
 
RE: Misdemeanor and Travel abroad

Hi, I do not see an article number but what I do see is an incident code. Actually it looks like 3 codes: OCGA 16-11-37, OCGA 16-5-70(b), OCGA 20-2-1181. Also this was superior court.


Thanks again for your response.

Hexa said:
What article number were you charged with? Were you dealing with municipal or state court?

As you are travelling abroad, you need to worry about things that can make you 'inadmissible' rather than just 'deportable'. If they find you inadmissible, the ICE will refuse your entry into USA even though your offense is not deportable.
Click to expand...
 
They charged you with 3 offenses? Did they convict you on 1 and drop the other 2?
Those are state charges, OCGA = Official Code of Georgia Annotated.

You need to find out the exact wording of those codes and figure out if any of them is considered as CIMT (crimes involving moral turpitude) according to the CIS. CIMT is the deal breaker most of the time.
 
Hi hex,
Yes you are right. They dropped the other two charges and only charged with the less serious (disruption of a public school bus). I was looking up all the codes but didn't see anything where it applies to moral turpitude per the standards of CIs. I checked everything that was considered crimes of moral turpitude per cis but nothing, so I guess the next thing to do will be to find out from an attorney.

Thanks again


Hexa said:
They charged you with 3 offenses? Did they convict you on 1 and drop the other 2?
Those are state charges, OCGA = Official Code of Georgia Annotated.

You need to find out the exact wording of those codes and figure out if any of them is considered as CIMT (crimes involving moral turpitude) according to the CIS. CIMT is the deal breaker most of the time.
Click to expand...
 
If that misdemeanor is not CIMT, then as long as the total sentence doesn't reach 5 years (served or probation) you should be ok. Still, ask an immigration attorney for sure. Carry the latest court disposition letter with you, so if the ICE officer at the POE questions you about the conviction, you can show that you have completed everything.
 
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