QUESTION
Can a person convicted of crime as alluding the police re enter the US borders?
Asked on Nov 11th, 2013 on Immigration - New York
More details to this question:
I'm a green card holder. I was convicted of a crime as alluding the police and given one year probation in Hackensack, New Jersey. After serving 4 months of probation, I had to leave because my mother did not feel well with my situation and Sandy storm which was going on that time. I got a permit from judge to leave and return in one month. I could not return due to my mom's condition and could not attend the court as well. I was issued a warrant of arrest as I did not turn up for a court. Now I want to lift up the warrant of arrest and reschedule the court date, if it is possible. Will I be admissible at the airport as I am convicted of a crime? Briefly, I would like to clarify 5 things: 1)Will I be admissible or allowed to enter the USA at NY JFK airport?; 2) Can be the warrant of arrest on me lifted up?; 3) Consequently, can be the court rescheduled as I could not return on time from my leave from probation period or can I directly continue with my probation without having the court again by paying some administrative fines or fees?; 4) How high is the possibility of getting the probation again, even for 2 years instead of 1 year? I would love to be on probation rather than getting into prison; 5) How fast can be a warrant lifted up keeping in mind that I have 10 days left to re enter the USA? I would highly appreciate your concern and assistance, and if you could help with that issue, I am ready to retain you as my lawyer ASAP, keeping in mind that I have 10 days left to re enter the USA
3 ANSWERS
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Your conviction, by itself, does not strip you of your permanent resident status; however, an open bench warrant for your arrest can create problems at the border. Your attorney can try to persuade the court to rescind the bench warrant in your absence (chances of success are not great, but not a zero, and might be improved if the court would accept a bond). If the court would not agree to rescind the warrant without your appearance in the court, you would have to risk coming. If you will have problems on entry, the record of your attorney's efforts to rescind your warrant will help to establish that you are coming back to the U.S. with the intent to appear in court and face the charges against you. Also, you will need as much proof of your mother's health problems as you can get - to support your explanations why you violated your probation. No one can guarantee you any particular outcome of your court case, but, under the circumstances you described and with sufficient evidence to support your story, I would estimate your chances for getting probation reinstated as fairly high.
Answered on Nov 14th, 2013 at 7:02 AM
Sorry but you need a personal consultation with an attorney.
Answered on Nov 14th, 2013 at 5:11 AM
Adebola O. Asekun
You should try to retain an experienced criminal defense lawyer, preferably some one familiar with the criminal court of the county where you have the outstanding warrant. Contemporaneously, you also need to hire a good immigration attorney who, will work with your criminal defense lawyer. The outcome of the criminal proceedings will determine your chances of remaining in U.S. Finally, with respect to what is likely to happen upon your arrival at a US airport, if a check of the NCIC shows a "hit" that you have a warrant of arrest pending, you will be paroled into the country and requested to appear at the Newark office of DHS at 970 Broad St. As legal resident, ICE will wait for the final resolution of your criminal cases. If you are convicted of a deportable offense, DHS may then calendar your cases before an immigration judge.
Answered on Nov 14th, 2013 at 5:02 AM