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Re-Entry in the US with a Misdemeanor

Houston, TX |
Filed under: Immigration

Hi, I am on L1 Work Visa. My visa is valid until 2014. I was charged with a class B misdemeanor Shoplifting charge. The case is still running in the Harris County court. I need to urgently travel to my home country for a few weeks. I wanted to know if i will face any issue at the port of entry i.e. immigration when entring the United States. Will I be denied entry into Unted States? Please advice.

Attorney Answers 3


An arrest warrant will be issued for you if you leave the country while the case is pending. As such, when you re-enter, you will be arrested and potentially placed into removal proceedings for leaving the country without finishing the case.In short, if you do leave, do so after your case has ended. Even then, it will be difficult and you should seek assistance to be able to reenter without losing your nonimmigrant visa.

Dhenu Savla, Esq.
SwagatUSA, LLC

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You need to speak to your public defender or criminal attorney about the travel. i agree - you will probably be issued a warrant and that is bad.

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Will it be a problem if i travel within the two court dates. My intension is to return back before my court date. I would be carrying by court reset form to show to the immigration officer. Please advice.


A pending charge isn't a conviction (whatever you DO NOT ENTER A DIVERSION PROGRAM). So, that won't be a problem.

But, as the other attorneys stated ... you need permission from the court to exit the US.

Do not rely completely on information you get on any website. It is always wise to consult personally with an immigration attorney before taking action.
Consider contacting one of the attorneys on Avvo, or

Talk to your criminal defense attorney and have him/her talk to an immigration attorney.


Franco Capriotti
Capriotti International Law

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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