QUESTION
Am I going to have any problem entering back if I am a green holder and 6 months ago, I was charged with petit larceny but was dismissed?
Asked on Apr 15th, 2014 on Immigration - New York
More details to this question:
I am about to travel outside of US this summer. I was with someone when they took something and didn’t even know about it. It was dismissed later in the trial because the store people didn’t show up. I have had 2 speeding tickets before and they were $150 each (didn’t have to go to court for them). I have been in and out of the country with no problem when I only had them. When the petit larceny happen they just gave me a citation (didn’t arrest me or anything).
4 ANSWERS
Adebola O. Asekun
First, your traffic violations will not give you problems when you arrive at the border or port of entry. The petit larceny situation also should not be a problem in that the charge was dismissed. However, a border inspector may ask you questions at the port of entry. If your answer reflects that you committed the essential elements of a larceny, you may have issues even though the charges were dismissed.
Answered on Apr 16th, 2014 at 5:42 PM
Your inspection may be deferred and you 'may' be asked for documents of the incident. It will depend on the discretion of the CBP at the time of entry. It may want to see a copy of the final disposition on the case. That means that they could take your passport on entry and demand that you come into their offices at a future date. CBP can decide at that time whether you are arriving alien who must be detained for a future removal hearing. I strongly recommend an appointment with a competent and experienced immigration attorney before you depart. Deferred inspection may not happen the first time. It depends. However, what you say may be used against you.
Answered on Apr 16th, 2014 at 10:45 AM
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You shouldn't have any problems reentering the United States as long as the petty larceny charge was dismissed by the court. But, you should be prepared to answer questions about the incident during inspection at the port of entry. It's a good idea to carry a certified copy of the dismissal with you when you return.
Answered on Apr 16th, 2014 at 8:33 AM
If it was dismissed, you should have no problem returning back. Just keep with you certificate of disposition.
Answered on Apr 16th, 2014 at 8:31 AM