Legal Question in Immigration Law in Minnesota

Almost 5 years ago while living in in the US as a F1 Visa student, I was arrested pending charges for gross misdemenor related to an incident that took place in 2007 in Roseville, Minnesota. Prior to completion of my trial, I made a decision to return to my home country, South Korea, because I had recently graduated from the university and I had no more money to remain in the US to await the end of the trial. I had a public defender as my defense attorney and was not given enough information on the effects of the case on my legal status in the US. I now realize that I made a big mistake to leave the country without a resolution and I feel very regretful for that decision. I would now like to do what is necessary to resolve the issue, but I do not know what procedure to follow to make that happen.

My questions are:

1) How can I get information on the current standing of the case? I am currently in South Korea so I cannot walk into the office to get the information. I would like to find out online if possible.

2) If the case is still open what, if anything, can I do to reach a resolution at this point (5 years after the incident)? I can work a lot of the legal actions from my current location and allow a lawyer to go to court on my behalf? Or must I be present for all of the procedings? (see below questions related to re-entry into the US)

3) Does this case, if still open affect my ability to re-enter the US (even as a tourist) if deportation procedures were never initiated? If so, will I be arrested while doing so once my finger prints are checked? Or would I be turned away by homeland securty and told to return to my country?

4) If the case has been closed in my absence, but fines and/or punishment never paid, can I simply make arrangements to pay fines imposed?


Asked on 1/23/12, 4:27 am

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

It is likely that a bench warrant is outstanding for your arrest. You should hire a criminal attorney to take care of this and try to get paroled into the U.S. to complete the matter.

Criminal Evaluation

At this point, it is critical that you obtain the Criminal Evaluation by an Immigration Attorney. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the U.S.. My firm can prepare the necessary Criminal Evaluation which will document to you and the Criminal Attorney exactly what is your immigration situation and the best alternatives for a plea that will have the least effect on your immigration status and will minimize the damage that could occur in future deportation hearings.�

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Answered on 1/31/12, 4:40 pm


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