Travel with arrest/conviction("misdemeanor - disorderly conduct") record exp

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pgcalcutta

Registered Users (C)
I have green card since 2002 , sometime in 2003 I have been arrested and convicted for a misdemeanor charge "disorderly conduct" ( arguing loudly with wife) , sentence - 90 days jail suspended on one yr probation. I have also charged with domestic voilance but later the charge was dismissed.

According to criminal- immigration law my conviction is not something which will make me deportable or in-admissible .

Now I will be going to outside US . I really want to know if anyone has anykind of exp or knowledge of what happen in POE while returing to US.

I am really worried , please help me.
 
I guess you better consult your lawyer before you do anything to just make sure you wont see any surprises in the future!
Just a personal opnion....
 
I am not paranoid , I am worried 'cause I hear story that they can detain you at airport , if you have a arrest records and also you have to convince them that your arest/conviction is not inadmissible.
It will be really helpfull if someone provides their actual experience. Also what kind of document I need to keep with me other than the certified court case disposition record.
 
why you are rude and alleging me of paranoid , I have not asked any help from you specifically , if you can't help me please be quite.

I have a big problem and I have came to the forum for help not for your allegation to me.
 
In theory, it is nothing to worry, but in reality you must
understand a person will be worried. It is
easy to be spooked.

To avoid the issue, you can come back within 6 months
so that you are not considered as seeking re-admission
so that no admissibility critirea will be checked.
 
pgcalcutta,

You are worrying when you should not, but I understand your concner. These days you don't know what USCIS will be up to, and they can jsutify almost anything in the name of national security.

Felony convictions may result in deportation. In your case it was only a misdeameanor. And the incident was relatively minor (no violence, drugs, alcohol, physical abuse etc.) .

AmericanWannabe brings up an excellent point. If you recall, when you enter the country, you are asked how long you were out and what the purpose of your trip was. And he's right. If it's less than 6 months chances are the officer will not be interested in anything other than verifying yoiur A#.

When applying for citizenship they may ask if you have ever been arrested (a question employers aren't generall supposed to). If the answer is yes, you can always explain the details. Again, this is relatively minor, and as longs as it's an averration in an otherwise impeccable record (as I am assuming your is), no concerns.

rgds,
sadiq
 
One more thing: I can not imagine arguing too loudly with wife
could be punished by 90 days in jail. If it is only disorderly conduct, it is even smaller than misdemanor. there is a new
term for this classification: petty offense.

A lesson leanred is that as noncitizen, you should
be very careful even if you are a good person.
A cliche advice is to check your shoping cart
3 times before you push it out of the supermarket
to the parking lot. If you unintentionally leave
some item there, you may be charged with
shoplifting can you can be convicted.

Other things to remember: never let yoru rage
get out of hand. Never drink and drive (not even
back up your car into the street from your
friends house's drive way to let other car out).
Never lay a hadn on your kids.
 
Once out of USA, noncitizens are not protected
by the USA constituion. So if you travel outside
the USA, the USCIS can grab that opportunity
to punish you.

If one is worrying type, then he is to worry
over such things. He will stop worrying
only after he actualy return without
any trouble.

I am now very worried about flight even thou
I know teh chance of being killed in regular
car accidents is probably greater than
that of being killed in a plane crash.

Worrying is not always reasonable. It is
more related to mentality and psychology
and subjective perceptions.

It is just like you carry your GC all the time
but most of other people think it is nothing
to worry about.
 
Last edited by a moderator:
Thank you for all the good sugestions I got here ,

I think I have reason to be worried , and all that I wanted from this forum to know the experiences of persons entering in US ( with green card) with arrest records . It could have helped me about what I should be ecpecting at the POE while entering.


>One more thing: I can not imagine arguing too loudly with wife
>could be punished by 90 days in jail. If it is only disorderly >conduct, it is even smaller than misdemanor. there is a new
> term for this classification: petty offense.

And AmericanWannabe , I didn't got to jail for 90days , the sentence was stayed and I was in probation for 1 year. And the "disorderly conduct " charge is still a "misdemeanor"
 
But I have been told that , at POE when they scan the plastic Green card , my arrest/conviction records show up in the screen and they send such cases to secondary checking at the airport. And since they can easily term my conviction as domestic voilance ( as it was against my wife) and I can be detained. And the burden to prove that its not DV is upto me , that why I wanted to know whether it is true that you have to go through the secondary checking at POE if you have arrest/conviction records in any of the US crime databases which they search during the primary checking at POE.
 
Hi pgcalcutta,

I understand your concerns...
Whay don't you just call a good lawyer and make all the questions you want to.
I know it could be easier if you have got your answers from this forum but I don't think you will get the right answer here...as you can read...just guesses....
Please don't be mad to me,this is just my personal opnion.I would do that if I was you!!!


PS:To be honest<I don't think you are going to have problems at POE
 
The severity of a crime is measured by duration of sentence
rendered not by sentenced actually served. That
is why in the eyes of INS, three years sentence
suspended is much worse than 1 year sentenced
actually served
 
>One is deportable if the maximum penalty is over 1 year of >imprisonment. Suspension does not count at all.

Are you sure? What I heard is the determining factor
is the duration of sentence and it does not matter
whether you actually served it or not.

One can be sentenced to 3 years for manslaughter
but the judge can suspend it so that the convidted
don't serve one single day if he meet all probation
deals. Still INS consider that as deportable
because sentence is 3 years

Where does INA 212(a) say "
Suspension does not count at all"?
 
It does not say "the actual duration of time served".

It says "the alien was not sentenced to a term of imprisonment in excess of 6 months". But if one is sentenced to 3 years
(even teh sentence is suspended), one does not meet that condisiton.
 
I am talking about general case.
In case of the case of originator of this thread.
What matters is 90 days. It is smaller than
1 year so it does not amtter. It won't matter
even if he violated teh probation and has to
serve that 90 days.

But if a person is sentenced to 3 years
and the judge suspend teh sentence
and set a probation of period X years.
Even if the defendant obey the probation
deal and finish the probation sucessfully
so that he won't have to stay in jail
for one single day, still in the
eyes of the INS, he is sentenced
to 3 years and is deportable.
 
>You are right about that. The crucial part from the law is the
>one little thing in parantheses: "(regardless of the extent to >which the sentence was ultimately executed)"

What if one is sentenced to 3 years and the judge
suspends his sentence with 3 year probational period.
Will the INS deport the guy immediately or wait
until the probation is over or the probabtion
is violated and the convicted finish his 3 year
sentence?

The probation deal may include that the
convict must stay in the court jurisdiction.
If the INS kicks him out, then he
violates probation and criminal court may
deal with a foreign country to
extradiat him inr oder for him to
stay in prison for 3 years.
Otheriwse a good deal is to get
100 years setence but suspended
with 100 year probation so that
INS can not touch him.
 
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