Could non-citizen travels abroad during Informal Probation period?
Just 1 month ago I was charged 3-year informal probation and $1000 fine due to a car accident. All the criminal fine and civil restitution are already paid.
Right now I am planning to go back to my origin country for a short period and come back to US again, but I'm afraid if my green card would be canceled by immigration checkpoint when I re-enter US and be kicked out from USA forever.
The judge said if I'm not US citizen (and actually I am not), I could be deported; the court prosecutor said my crime was not so serious to be prohibited at leaving or re-entering USA country borderland. And my probation report said nothing about the non-citizen's rights or restrictions.
I'm very worried about that, could I pass the immigration checkpoint safely when I go abroad and come back?
Answer:
Whether you can travel abroad or not, is dependent on conditions of your probation. You should check with your attorney who helped you with criminal matter.
Further, you should have also received "advisals" about immigration consequences of your conviction/settlement (which includes probation).
Certain crimes if done by Green card holders will subject them to deportation. You are already here, so immigration might not have caught on. However if you leave, and try to reenter it might "trigger" the deportation.
So, you need to consult back with your criminal law attorney who represented you in criminal matter/aspect of things and find out. Or you need to consult an immigration attorney, show him the "court record" (don't try to tell verbally or explain- let him look at the record/judgment), and then you can be sure whether you will be subject to deportation or not.
And make sure you do it right away. If your conviction arranment was made without knowledge of immigration consequences, it is faulty. You should have known.
At the very minimum if there is no negative consequences of your current conviction, you should also be aware of 2 things:
1. If you decide to leave US and intend to stay out for over 6 months but less than 1 year, and you are staying out so for the first time, you probably would be OK. If you have stayed out so (over 6 months and less than 1 year) you can be in trouble with immigration service. AND If you want to live out of US, for over 1 year, then you shoudl apply for permission (known as advance parole).
2. You won't be able to apply for citizenship for minimum of 5 years because of this trouble with the law. Citizenship applicants require showing of good moral character. This conviction counts against you.
Good luck!!
Unless you have a passport for your native country and can travel there and back without using your green card I strongly suggest you remain here in the US.
If it is not a violation of your probation to travel abroad, or you obtain permission from the courts in advance, there is no reason to be concerned.
What the judge meant when he/she told you that you could be deported, is that one of the consequences of committing an offense in the United States if the courts rule, is deportation.
If you were going to be deported for the act, it would have already happened (as part of your sentencing) It is evident that the courts did not find your criminal act sufficient enough to deport you.
Just make sure that you have your courts permission to travel outside of the country.
Get written permission from court to travel outside the country. Then you should be fine.
The Immigration information post by website user , MyTend.com not guarantee correctness.
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