Can a non-immigrant worker travel outside US while criminal case is pending?

Asked over 2 years ago - San Francisco, CA

I am a foreign national with a work visa in the US. My domestic violence case is pending but I need to travel to my home country and come back to the US.
What legal issues am I going to face when re-entering the US? Thank you.

Attorney answers (3)

  1. Neil Ian Fleischer

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . I agree . Check with the Judge and or your criminal attorney to see if you are permitted to leave the country at all. If you leave without permission the judge can issue a warrant for your arrest

    www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  2. Luis Alberto Guerra

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . You should not have any issues since the case is still pending and there is no disposition. However, you should check the conditions of your release if any.
    Luis A. Guerra, Esq.
    Law Office of Luis A. Guerra, PA
    Atrium Centre
    4801 South University Dr., Suite 252
    Fort Lauderdale, FL 33328
    (954)434-5800
    www.guerralegal.com

    Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as... more
  3. Deborah Lynne Karapetian

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Domestic violence is one of the many types of crimes that have a major impact on immigration matters. I think you should avoid travel if you can, but if the criminal court allows you to travel, and your criminal and immigration attorneys have both consulted with each other and both agree that travel is OK (which hopefully you have one of each for this) then leave, but understand that you very well may be stopped at the port of entry when you return for questioning. I've seen this happen before when people try to enter with a pending criminal matter.

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