Legal Question in Criminal Law in California

Can leave USA?

Hi,

I am non-resident alian in USA. I am on international student visa.

Right now I am facing Felony charges for ''False Bomb Report''. I still need to go through trial which is going to take a while.

Before getting into this trouble, I originally planned to visit my country and blocked air tickets too.

My question is, can I visit my country in this situation? or I can do so only after case comes to conclusion?


Asked on 10/22/01, 6:08 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can leave USA?

Thanks for your posting, and apologies for the length of time it took for you to get a response.

The answer to your question depends on a couple of things:

1. The terms of your visa when issued; and

2. The terms of your release when arrested.

Some types of immigration visas will not allow you to leave the country or you will lose visa status. Likewise, it may be that the terms of your O.R. release require you to stay in the country. Otherwise, you must only promise to make the court appearances set by the court.

I hope this helps, and if you need legal representation, or have further questions, please feel free to call me anytime, toll free, at 1-877-568-2977, or email my office.

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Answered on 11/23/01, 3:43 pm
Victor Hobbs Victor E. Hobbs

Re: Can leave USA?

Please discuss this with your own attorney. The problem is that once you ask to leave. The D. A. may be smart enough to ask you to surrender your passport on condition of staying out on bail or your O. R. I personally would not want to lose my passport. I don't know what country you are from, any of the facts of your case, nor the possible sentence if you're found guilty. However, once you've surrendered your passport you may have a very difficult time leaving the U. S. if you get tired of all the B. S., and there's a possiblity the passport may be difficult to get back i.e. lost, etc.

Lots of luck

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Answered on 11/22/01, 11:45 pm


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