Can I return to the united states without been arrested at the airport by Immigration

After 9/11/2001, the various government agencies started to share the various information they each collect. Unless for serious violent crimes, details about prior local crimes tended to stay local. Now, with the exchange of information between federal and local law enforcement agencies, the U.S. Customs and Border Protection (CBP) has a lot of information that federal agents do not have before.

You may want to check into the burglary charge. There is always a chance that you would be arrested if there is a warrant out for your arrest. Whether you would eventually succeed in contesting the validity of the warrant may not matter while you are sitting in jail.

I believe Mr. Nguyen's answer is very helpful. When you were stopped in Florida, were you allowed to enter the US? I believe your best bet is to hire an attorney in California to see if there may be some way to try and resolve the case.

I am not admitted to practice in California, but I would recommend that you contact an attorney and ask what might be the possibility of negotiating with the state attorney/district attorneys office to withdraw any warrant, and having the case dismissed in the interest of justice, based on your 12+ years with no problems (right?). There might or might not be statute of limitation problems.

However it is important to consult an attorney who practices in the geographic area where the charge occurred. It could be that the prosecutor might take the position that you must appear in Court in California.

In sum, you really need to contact a California attorney, find out status of case in the Court, and also obtain advice specific to your case.

If you are looking for any attorney to tell you with 100 percent certainty that you absolutely will not have any problem, we would be professionally irresponsible to suggest you will not be stopped at the airport.

The ICE has discretion in these matters. Technically they could deny entry. There is not amnesty and the Obama administration has said that initiative will have to await the domestic health care discussions. That means 2010 for potential amnesty.

You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

Check with an immigration lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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