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Got an ACD on PL 165.40. Being an International student if I travel to my country can I come back to USA (I still have my Visa).

Brooklyn, NY |

ACD was given this month and I know it takes 6 months to completely seal this case. But if I would like to travel to my country and come back is there any problem going to happen to me. I still have my Visa. Please reply me. This would be a great help. Thanks again.

Attorney Answers 4


Can you be more specific, please and not throw technical jargon at us and assume that we'll automatically know those sections under which you were convicted by heart?

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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It was a shoplifting case under PL 165.40 under A misdemeanor. ACD was given on this November 7th. Is it possible to travel without sealing case when I still have Student Visa.

Giacomo Jacques Behar

Giacomo Jacques Behar


No. I wouldn't before having a lawyer look into this, you could be deemed inadmissible upon your return.


An ACD should not cause any problems. You did not make any admissions and were not convicted of anything.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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I agree with Atty Behar.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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You could be denied re-entry to the US within the 6 month period before your case is dismissed and sealed. There is no guarantee that it will happen, but it did happen to a number of people with an open ACD. Try to avoid international travel if you can.

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