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What can my fiance or I do to clear the warrant?

Fremont, CA |

My fiance who is illegal and now lives in Mexico has a warrant for not showing up to court from 2006. There was a misunderstanding with his paper work.He was arrested for controlled substance of personal use in his possession. He finished his classes he had to attend. Payed everything. Paperwork said he owed money which he checked and they cleared it was a misunderstanding. He had to go back to Mexico due to an emergency and couldnt take care of his next court. Can I do anything or can he do anything to clear the warrant? Im pregnant and wish to apply for him to come to the US legal. Please help me.

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Attorney answers 3


Retain an immigration attorney who is familiar with criminal law, there are multiple issues and will need to be cleared up before any attempt at bringing him to the US legally, good luck.

The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.


You cannot clear up the warrant by appearing in court for him.

As it appears the warrant was issued by mistake, it might be possible for an attorney who is quite familiar with the court and its staff to ask the court to recall or clear the felony bench warrant without his appearance due to the clerical error. It is certainly well worth a try, as right now, if he is stopped once back in the U.S., he might be detained.

You must understand that normally, if one is charged with a felony, as it appears he was, an attorney cannot appear on behalf of a defendant. Here, however, the bench warrant appears to have been issued in error.

Best of luck.


Immediately consult with an immigration lawyer in your area who is also familiar with criminal law. He or she will explain to you what needs to be done (and will do it too.)

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.