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charged in TX -HELP!!!!

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  • charged in TX -HELP!!!!

    I am a canadian citizen who has been living in the state of TX for 4 years under a H1B VISA. I was charged (but not convicted) with a felony which I understand will be a agg assault felony automatically. The question I have is, can I leave the US after the case is filed (3-6weeks) before the 180 day INS limit and then be admitted back into the US for my trial (in about a years time). Since I can not work in the US legally during this time, I would like to leave the US to go back to Canada to live and work and simply return to the US when I need to. Do you have any answers or advice.

  • #2
    I am a canadian citizen who has been living in the state of TX for 4 years under a H1B VISA. I was charged (but not convicted) with a felony which I understand will be a agg assault felony automatically. The question I have is, can I leave the US after the case is filed (3-6weeks) before the 180 day INS limit and then be admitted back into the US for my trial (in about a years time). Since I can not work in the US legally during this time, I would like to leave the US to go back to Canada to live and work and simply return to the US when I need to. Do you have any answers or advice.

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    • #3
      In the US you are "innocent until proven guilty", however, leaving the country will appear to be "flight to avoid prosecution". You should talk to an attorney before you attempt to leave the US.

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