Can you enter back to the United States after you have completed probation? - Immigration Law Questions and Answers- LawQA.com

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Can you enter back to the United States after you have completed probation?

My husband is a permanent resident and have been living here for 13 years. He was charged with DUI, DWI and was on probation for 18 months. He was able to complete the probation period. Can he leave to go to the Dominican Republic and return without having problems? He was fingerprinted when he was caught but there was no jail time.

Law Offices of Alan R. Diamante, APLC
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If his only offense is DUI or DWI, he should not have any problems returning from a brief trip. However, he must not violate probation because if he does, he risks an arrest warrant and that can cause him to be detained upon his return.

Answer Applies to: California
Replied: 11/14/2011

Answer By Lynne Feldman
Feldman Feldman & Associates, PC
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Probably if his permanent resident card was not taken away from him and he was not referred to ICE he should be fine but I would recommend he bring a certified copy of his court record to an immigration attorney to review so he will know for sure before leaving the U.S.

Answer Applies to: California
Replied: 11/10/2011

Answer By Aime Katambwe
World Esquire Law Firm
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Technically, he can and should have no problem coming back. I have heard too many horror stories that I now pause before I say "Yes" to your kind of question. USCIS has gotten overzealous at some ports of entry and they actually confiscate LPR's green cards at time of re-entry if they even suspect something is out of place. I would recommend that he look into becoming a USC once and for all. Good luck!

Answer Applies to: California
Replied: 11/9/2011

Answer By Jeff Joseph
Joseph Law Firm
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I cannot answer the question without more information. Generally, DUI offenses (alone) are not offenses that will prohibit him from travelling and reentering. The reason for this is that most states classify DUI offenses as "strict liability" offenses. That means that it does not matter whether you intended to drive drunk or not. You are guilty if your alcohol content was above a certain level. For that reason, since there is no intent required, the crime is not considered a crime involving moral turpitude and would not prevent him from travelling and reentering. If, however, he got the DUI while his license was under revocation or suspension, then the DUI under revocation could be considered a crime involving moral turpitude because he knew he should not have been driving in the first place. Additionally, if the DUI was under the influence of drugs and not alcohol, that would be an offense that could cause him problems for travel. To be safe, he should definitely consult with an immigration attorney before making any travel plans. He should also plan on travelling with a certified copy of his court records and the records showing completion of probation.

Answer Applies to: Colorado
Replied: 11/9/2011

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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It depends upon the specific charges. There are various DUI charges that a person could be charged with. Your husband should be able to travel, but he may have a secondary inspection upon his return. It would be in his best interest to take certified copies of the criminal disposition and proof that he completed his probation satisfactorily with him when traveling.

Answer Applies to: New York
Replied: 11/9/2011

Answer By Robert R. Gard

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It appears that the probation would count as a conviction for immigration purposes, so it is not possible to determine admissibility without a full review of all relevant documentation from that case. Personally, I would not recommend cross border travel unless further analysis is conducted with respect to the facts and circumstances of the conviction, the actual charges brought and the order of the court.

Answer Applies to: Illinois
Replied: 11/8/2011

King & Ballow
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Your husband must leave the US at which point he is barred for 10 years. But you may file I-130 petition and if approved file immigrant visa paperwork and he will need to get a I-601 extreme hardship waiver of 10 year bar.

Answer Applies to: Tennessee
Replied: 11/8/2011

Answer By Reza Athari
Reza Athari & Associates, PLLC
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If there are no other crimes to make him inadmissible, I see no problem

Answer Applies to: Nevada
Replied: 11/8/2011

Answer By Harun Kazmi
Kazmi & Sakata
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A DUI is not deportable and he should be able to travel.

Answer Applies to: California
Replied: 11/8/2011

Cardenas Law Firm
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Be careful traveling outside of the U.S. if you have any kind of criminal conviction and you are not a U.S. citizen. In your husbands case, without looking in detail at his conviction record, a good answer to your question cannot be given. Your husband needs to have a consultation with a good immigration attorney who can review the conviction record and determine if there is a problem.

Answer Applies to: Florida
Replied: 11/8/2011

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