Legal Question in Immigration Law in California
Re-entry w/ Restoration of Status
I was a student in California and was charged for criminal threats in 2003, for which I have much evidence the case can't be established, and returned to my home-country for family reunion I had planned before legal process began, on a promise with the judge that I would return for trial. I prepared with my school who advised me not to obtain a paper for re-entry.
However, the airport police jailed me for above criminal record and not having the paper upon my re-entry, which deported me next day.
I had hired a lawyer before returning and he proceeded so I could return for court attendence. Inevitably the testimony delayed and pending with an arrest warranty issued.
I was once told that my status was under Pentagon's supervision and it was delaying my entry process, by the lawyer who disappeared in early 2004.
Everthing's upheld like that since then despite my attempts to reach him. I wish to restore my student status in California with no obstacle. What to do? A law firm in Japan has told me that it's still up to the California lawyer I hired, otherwise nothing can be done.
I want a solution to all this with it clear what should/can be done, who is responsible, and with no obstacle to re-enter.
2 Answers from Attorneys
Re: Re-entry w/ Restoration of Status
You need an attorney at this point,if the original Criminal case was in Southern California contact my office.
Re: Re-entry w/ Restoration of Status
You need to apply for a B-1 tourist visa so that you can come to the U.S. to do business, in this case that would be to complete your court case. Since you were removed in 2003 or 2004 as an arriving alien, you have stayed out of the U.S. for the required five years so now you can reapply for admission. Of course, at the port-of-entry, you'd have to explain to the immigration inspector that you are entering with the B-1 visa to resolve your criminal case.
You'd have to go to the criminal court once admitted into the U.S. to request that the arrest warrant be recalled (probably by paying a hefty fee) and then go through the proceedings. You'll have to explain to the judge that you intended to come back previously but for the strange immigration situation and mix-up. If you don't have a prior criminal record, it may be wiser to just plead guilty rather than spending a huge amount of money to go to trial and try to prove your case in front of a jury. You'll probably receive just probation for a conviction for criminal threats. That by itself is probably not serious enough to be a crime of moral turpitude, so it won't jeopardize your immigration status in the future in the U.S.
Larry L. Doan, Esq.
Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.
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