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Can a non-immigrant worker travel outside US while criminal case is pending?

San Francisco, CA |

I am a foreign national with a work visa in the US. My domestic violence case is pending but I need to travel to my home country and come back to the US.
What legal issues am I going to face when re-entering the US? Thank you.

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Attorney answers 3

Best Answer

You should not have any issues since the case is still pending and there is no disposition. However, you should check the conditions of your release if any.
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
Atrium Centre
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.



Thank you.


I agree . Check with the Judge and or your criminal attorney to see if you are permitted to leave the country at all. If you leave without permission the judge can issue a warrant for your arrest

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at



Thank you, I will ask the judge.


Domestic violence is one of the many types of crimes that have a major impact on immigration matters. I think you should avoid travel if you can, but if the criminal court allows you to travel, and your criminal and immigration attorneys have both consulted with each other and both agree that travel is OK (which hopefully you have one of each for this) then leave, but understand that you very well may be stopped at the port of entry when you return for questioning. I've seen this happen before when people try to enter with a pending criminal matter.