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Help:Port of Entry/offense/travel

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  • Help:Port of Entry/offense/travel

    I am on greencard and going to travel to india next month. I was charged with one offense (Patronizing prostitute) in june 2003 and
    court gave me a diversion and not a conviction. I know I did a big mistake with my poor judgement and my wife understands that
    and she is with me and ready to continue our family life.I am on diversion till august 2004 and I also attended the class suggested by court. If I stay out of trouble till august 2004, the complaint/charges will be dismissed
    and so there will be a record , but no charges or conviction.
    My question is: On the Usa airport when I return back in Jan end, will they know about this charge/arrest? and will they need
    any information from me about the court? Will they stop me to enter USA ? will they put in deportation /jail? What are my options if they don't allow me to enter USA on airport? I am going through Detroit. I also has a Job and business in US so if they don't allow me to enter then my family life as well as my life will be in big trouble.
    My wife is USC and I am conditional Resident.

  • #2
    I am on greencard and going to travel to india next month. I was charged with one offense (Patronizing prostitute) in june 2003 and
    court gave me a diversion and not a conviction. I know I did a big mistake with my poor judgement and my wife understands that
    and she is with me and ready to continue our family life.I am on diversion till august 2004 and I also attended the class suggested by court. If I stay out of trouble till august 2004, the complaint/charges will be dismissed
    and so there will be a record , but no charges or conviction.
    My question is: On the Usa airport when I return back in Jan end, will they know about this charge/arrest? and will they need
    any information from me about the court? Will they stop me to enter USA ? will they put in deportation /jail? What are my options if they don't allow me to enter USA on airport? I am going through Detroit. I also has a Job and business in US so if they don't allow me to enter then my family life as well as my life will be in big trouble.
    My wife is USC and I am conditional Resident.

    Comment


    • #3
      I thought it was a friend of yours who was charged:

      "The reson I am asking is for my friend:-
      He has applied for I 751 in month of march 2003. After that He got a cititation for calling a prostitute and got caught by cops for "Patronizing the Prostitue". Luckily, through lawyers he was not convicted and he got a diversion and he attended one class suggested by Judge. The diversion says that If he completes the class and stay out of trouble till June 2004 , the case will be dismissed. The conclusion is he is not convicted and everything was settle in the court.
      All this happened after filling the I 751 and his wife has decided to stay with him and she is going to forgive him for that mistake.
      My question is: at the time of interview Of I 751 is he going to be in problem?
      And later on when he files for N 400 how is that going to affect him since he was cited but he was not convicted. This violation is not a felony or misdemear, and the case is going to be dismissed after July 2004."

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      • #4
        Its for my friend, but he don't want to register and give any names out, so he is using my ID as well.
        If some one can help that would be great.

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        • #5
          Did your friend also went to the local office to try to get a stamp on his passport so he can also travel to India?

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          • #6
            Congratulations Mehul for having such understanding wife... you are lucky... I hope you have realized your mistakes and will not repeat them.... I am not competent to answer to this question... but there shouldn't be any problem hopefully...may be in your N 400 it might cause trouble... but hopefully somebody will answer to your question with legal aspects .... Good Day...Pasha

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            • #7
              You will not have a problem coming back into the US.

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              • #8
                Am I considered as an inadmissible alien and if there system pops my the arrest on my file will they put me in deportation and will not allow me to enter US?

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                • #9
                  Do you have reading comprehension problems?

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                  • #10
                    Same thing I was gonna write...Dear Mehul...If you dont trust anybody then why do you ask questions?

                    Comment


                    • #11
                      In my opinion you may be inadmissiable untill the diversion is completed by Aug 2004. The charge of patronizing a prostitute is active untill the diversivication is complete, it's a probation really before a conviction ergo a smart move by the local governments to avoid the harsher segments of the immigration laws...

                      In any case you should consult an attorney; I would not travel untill all is completly finished. With the exception of U.S. citizens, as an arriving LPR (with a condition attached to it that includes "criminal" activity) at any port of a U.S. port of entry you have no more rights than anybody else and it is very easy for a simply trained officer to turn you back (rightly or mistakenly so). You have technically no right to appeal or parole especially since you're such a new LPR. Only your spouse's succesfull efforts to obtain a waiver in such a scenario after such a expedited removal would allow you back in...

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                      • #12
                        Kudris,

                        Thank you for your advise.

                        Do you know any lawyers who do initial consultation on phone?

                        Looks like I will have to drop the idea of going to India till august 2004. My father is very sick and thats the reason I was planning to go and see him, but it looks like I will have problem if the immigration officer finds about my criminal activity. Do they have system to find it out?

                        Comment


                        • #13
                          dude, don't be scared. Relax. The most LEO's will do, is query yu against the NCIC database to see if there's a hit. To test it, just ask any cop in your city to see if your name comes up. If not, don't worry. It's only for warrants, orders, federal offenses, etc. Only the FBI has access to *all* criminal conviction databases, etc. And those queries cannot be done in 7.3 seconds at one terminal.

                          Besides, POE's are not judges. They cannot find you guilty of a law, and banish you right there. That's up to a judge to decide, etc. So even if worst case scenario they found out u did xx crimes, the most they can do is let you in, file a case against you, and have you appear in front of a judge.

                          -= nav =-

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