Legal Question in Family Law in Florida
How to find out if I will be arrested upon re-entry into the USA
I am an American citizen living in Brazil. I want to go home. My Pass-port has been revoked under
Title 22, Section 51.70 and 51.72 Code of Federal Regulations.
Basically I am in arrears more than $5000 in child support. I want go and clear this up.
What I want to know is: When I reach American soil, will I be thrown in Jail?
How do I find out? Is there some place I can call? A web site to check? If I risk prison,
I will not go home until this is resolved but it would be far easier to resolve it in the states.
Thank you
4 Answers from Attorneys
Re: How to find out if I will be arrested upon re-entry into the USA
As a citizen you have the absolute right to re-enter the country. You did not state any facts to suggest whether or not you could be wanted for misusing your "revoked" passport (or for some other Federal offense). Whether you have a criminal arrest warrant from a state court in the US for nonpayment of support depends on what state the support order is in. My best guess, and it is only a guess, is that you will not be arrested at the port of entry. You could call a bail bondsman or attorney in whatever locality you think you might be wanted in.
Re: How to find out if I will be arrested upon re-entry into the USA
Since your passport was revoked it is probable that a federal warrant has been issued for your arrest. It is a federal crime no to pay child support. If the amount is $5,000 or more, but less than $10,000 it is a misdemeanor. If the amount due is over $10,000 then it is a felony. With the current chidl support orders it takes only a few months to accrue enough in arrears to qualify as a misdemenanor. Find out how much you owe in child support arrears and pay it. This will probably result in the warrant being recalled.
Re: How to find out if I will be arrested upon re-entry into the USA
It is unlikely that there is a warrant out for your arrest, but it is possible. Before coming back hire an attorney to clear up the child support issue. You should hire the attorney in the State and County where the child support order is made. On your notice they should have the agency that the child support is payable through. Good Luck, Pat McCrary
Re: How to find out if I will be arrested upon re-entry into the USA
You do not state why your passport was revoked. If it was due to unpaid child support then you need to resolve the unpaid child support issue. Please contact an attorney in the State in which you incurred the support arrearages.
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