I do not practice in Florida as I practice criminal law in the state of Illinois, but just from the first impression any issued criminal bench warrant from that particular criminal court must be quashed and recalled with a defendant present in court to dispose of the case ultimately.
To address the "question , will the outstanding warrant affect our application for an immigration visa based on our marriage?"
My unequivocal professional answer is, most definitely as any pending criminal case will receive a"hit" during an initial biometrics stage of any stateside AOS and, as a result, will most likely be placed on hold pending the outcome of the criminal matter, which, in its own way if a conviction results, for instance, will change the very eligibility of the foreign beneficiary for the AOS as sought.
You must retain a very experienced criminal counsel in that Florida counsel and have an immigration counsel ready to work with that professional in tandem.
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This will almost definitely affect your visa application. You need to seek legal counsel before starting the process.
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Yes. It will.
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What do you think? Yea the Florida authorities are going to ignore this and CBP will welcome you with arms wide open! Please hire a lawyer before getting in a plane.
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You need to take care of this warrant ASAP, as it will likely affect the process of applying for an immigrant visa based on marriage. I would recommend that you hire an immigration lawyer and a criminal lawyer who will work closely together to address this issue for you. Best of luck!
Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.
The outstanding warrant will definitely effect the issuance of an immigrant visa. While you are correct that you have not been convicted of any crime, it is not necessary that you actually be convicted. It is sufficient for you to admit the essential elements of the offense for a criminal ground of inadmissibility to apply.
As you appear to realize, you should consult with an experienced immigration attorney who can review the factsof your case to provide you with specific advice. Location is not necessarily the most important thing to look for when retaining immigration counsel and the terms and conditions of this forum prevent attorneys from actively soliciting clients (even though you have asked). Click on the link below for what to look for when hiring an immigration attorney.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
Dear Sir, in my professional opinion, in order to be deemed inadmissible under Section 212(a)(2) of the Immigration and Nationality Act for a crime involving moral turpitude, you must have either been convicted under the broad definition of the Act, or have admitted to the essential elements of the crime. If neither, then you should not be barred from an immigrant visa in my opinion. However, the warrent may get you arrested upon your entry to the U.S. Thus, I think you need two types of attorneys: Immigration and Criminal. Best regards,