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Can my husband travel out of the U.S. (to the U.K.) on a green card with a misdemeanor drunk in public charge?

Pasadena, CA |

My husband has a misdemeanor drunk in public. The judge said that as he doesn't have a prior record, he can get it expunged after one year without any further incidents. He is in the US from the UK on a green card. Are we safe to travel to the UK, or is he risking getting stuck there? We have a business here in the US and two children, so it would be very bad if that happened.

Attorney Answers 3


  1. It might be a violation and not a criminal conviction per se. But I wouldn't know unless I can see certificate of disposition, and read the local criminal statute. So, you need to get his certificate of disposition and go to a local immigration attorney. Good luck!

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  2. Yes he would be free to travel to the UK and back. There are a few countries that restrict entry to individuals that are charged with certain crimes but the UK is not one of them.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.


  3. So long as it isn't a DUI, even Canada shouldn't have a problem with this. If you will be connecting through Canada, though, you might want to check with the Canadian consulate.

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    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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