Safe to leave and renter with Pending criminal case?

[roger2]

Hello

I had asked a few days back on behalf on my wife who's facing a criminal misdemenor charge for theft. She has a green card.

Unfortunately she has to leave and renter the country while the case is pending.

Our lawyer is going to appear for the arraignment and says her presence is not needed for the arraignment and is going to set the trail date past her return.

I wanted to double check that this is not likely going to cause her an issue when she re-enters the country, since the case is pending it should show up on any records except the courts theoretically.

Thanks for any input you may have on this.

 

[corr@john123456]

Well she's innocent until proven guilty, and even then it's misdemeanor, they ask you when you come and go about the purpose of your trip and how long you've been away. I am not a lawyer but I don't see it affecting her ability to leave and come back.

 

[AmericanWannabe]

Well she's innocent until proven guilty

"Innocent until proven guilty" only works in criminal courts. Outside
criminal courts, it does not apply unless other laws explicitly say so.

That is why the USCIS always ask for more than conviction

 

[TheRealCanadian]

"Innocent until proven guilty" only works in criminal courts. Outside criminal courts, it does not apply unless other laws explicitly say so. That is why the USCIS always ask for more than conviction

Innocent until proven guilty also works for USCIS too - they just have an expanded definition of "guilty". If the wife leaves the US for less than 180 days she should be fine, since criminal inadmissibility would not apply to her.