Legal Question in Immigration Law in Rhode Island
international travel with a pending misdemeanor charge
Our legal permanent resident adult son - a student -will be having a misdemeanor marijuana possession charge dismissed next month, subject to 25 hours community service.
With the dismissal hearing still pending, we have a pre-booked family vacation abroad we are worried about taking next week. Our fear is problems on re-entry to the US.
Yes, an immigration lawyer says we'll be fine for re-entry BUT the lawyer thinks it ''unlikely'' border officers will even notice the pending hearing or that his passport will be flagged.
I suspect this is likely. I'm a pessimist.
Surely, we should have a signed statement from his criminal defense attorney stating that the charge is due to be dismissed - ready just in case?
The criminal court data base shows only that his plea was NG and that there is a further hearing (after the vacation).
We just don't want to be stuck at an airport with some nightmare inquisition & scant documents!
2 Answers from Attorneys
Re: international travel with a pending misdemeanor charge
You should speak with an experienced immigration attorney regarding your son's arrest and the affect that the arrest will have on his ability to travel in and out of the United States. Based on what you have written, your son should not travel until the conclusion of his case. Additionally, before the case is dismissed, you should make sure that the final disposition will not have an effect on his immigration status or ability to become a citizen at a later date.
Note: The content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.
Re: international travel with a pending misdemeanor charge
It is unlikely that an attorney would sign a statement guaranteeing an outcome in a criminal case. Even if he/she did sign such a statement it still would not serve as a "free get out of jail card." Your son should stay in the U.S. until final adjudication of his criminal case.
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