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Can i go back to the united states if i move back to my home country while on probation?

Bentonville, AR |

I decided to move back to my home land, considering that for the past year, my felony charge (theft of property) has worked against me. Back home I can find a job in no time and be able to get my rights for my son, who is american. My probation ends in 2013 and obviously I cannot survive that long(all my savings have been gone in food, gas and child support). Would it be possible for me to go back to the US after the end of my probation?

Attorney Answers 4


  1. The main issue is whether you violated your probation and thus now have an outstanding warrant in the jurisdiction where you were serving the probation. This would have to be determined or you risk being detained at the port of entry and being placed into custody.

    Also, felony theft of property may be grounds that make you inadmissable. You need to contact an experienced immigration attorney who can provide you with advise as to what immigration options are available to you based on your criminal and immigration history. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  2. It depends if there you are eligible for an immigrant or non-immigrant visa. Consult an experienced immigration attorney. If you are eligible, you will require a waiver for the conviction. If you have an outstanding warrant, you will not be able to do anything until the warrant is taken care of. Good luck.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.


  3. Contact an immigration lawyer on the issues of inadmissibility and abandonment of residency.

    Goodluck.


  4. Probably not. First of all, you do not say what your current immigration status Assuming you are a permanent resident, your conviction may be an aggravated felony. If so, when you attempt to re enter the US you may be denied entery or placed in removal proceedings.
    If you leave without completeing probation then you will have violated probation which is an additional charge. If a warrent is put out on you for the violation, then when you return you may have to go back to criminal court and possible serve the rest of you sentence depending on the conditions of your probation.
    Consult with an experienced immigration attorney before you leave the country.

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