QUESTION
Is it safe for a permanent resident to take a vacation & Re-enter the US with an old embezzlement conviction?
Asked on May 25th, 2011 on Immigration - New Jersey
More details to this question:
I have a 20-year-old conviction for embezzlement when I was 18. I was a permanent resident alien of 11 years before that. I received probation and besides traffic tickets, no other criminal issues since then. I really want to go on vacation outside the US but heard horror stories that I might end up on USCIS radar and risk being arrested and deported when I re-enter or sometime after that. I am working on getting the charges reduced, dismissed and/or expunged. Is it safe to leave the country or take a cruise? Can I be given notice to end up in immigration court when I return once they check my status?
2 ANSWERS
You run the high risk of being placed in removal proceedings upon your return. We need to analyze defenses so you can be adequately prepared. You need to face this problem and get it fixed before you travel. Feel free to call our office so we can properly advise you.
Answered on May 27th, 2011 at 4:50 PM
2 Awards
Yes, you could be detained upon your return. Based on your facts, you would likely have defenses available to the deportation charge, but there is a good chance you would be placed into removal proceedings upon your return. You may be able to naturalize and become a citizen, which would alleviate these problems. I recommend speaking with an immigration lawyer.
Answered on May 27th, 2011 at 4:32 PM