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  1. #1
    Join Date
    Oct 2006
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    5

    Default Can I Re-Enter the U.S. After Being Indicted

    To whom it may concern,
    I was a full-time international transfer student from the European Union in South Carolina. I was arrested and my F1 visa was cancelled. The charges against me were burglary first degree, assault of a high aggravated nature and public disorderly conduct. What happened was I entered somebody else's apartment (on campus in my student residence complex) thinking it was mine. The door was unlocked. I didn't steal anything, didn't kill and didn't rape. I didn't get violent towards anyone and didn't damage or break the door of the premises as it was unlocked. I was extremely intoxicated. I was issued two warrants against me for the two first above mentioned charges. The university police coerced me and made me write an apology letter to the victim who claimed I touched her legs in a caressing manner when she was sleeping in her apartment. The police didn't take any blood sample from me. From jail I was transferred to a civil court for the disorderly conduct charge, pled guilty and was given jail time served. I finally bonded out from jail after one and a half month of detention. The bond was set at 20000 dollars 10 percent.
    The charges were dismissed at the preliminary hearing because my prosecutor failed to appear on that day. As a result, under advice from my PD, I picked up my passport at the university police station and returned to my home country on my own (I was not deported). One month after I had returned home, the solicitor prsented the case directly to the Grand Jury which resulted in my indictment for burglary first and ABHAN. The Clerk of Courts also sent me back by check the 2000 dollars I paid for my bond.
    According to my PD, the solictor might dismiss the whole case for good within a one or two year span and I will be able to return to the U.S with a student visa.
    Now my girlfriend is American, she is pregnant from me, we both want to keep the baby and I would like to know if I can return to the U.S. to take care of her during the pregnancy with the above mentioned pending charges. If not, what shall I do?
    This is my first offense both in the U.S. and anywhere in the world. I have been to the U.S. 8 times in total, it was my third F1 visa and I have never had any troubles in America before.
    Could you also tell me if my charges are aggravated felonies, or fit with the definition of moral turpitude crimes, or both?
    Thank you for both your time and consideration. I apologize for my long story.
    Sincerely,
    Charleston

  2. #2
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    Default Re: Can I re-enter the U.S. after being indicted?

    Can you return? Well, you risk having the warrant detected and either being turned back at the border or taken into custody, particularly if you intend to arrive into South Carolina. The charges you describe are serious felony charges. Burglary is an act of moral turpitude if the entry is made with the intent to commit the moral turpitude offense. I would expect that, given the allegations you describe, the USCIS would attempt to characterize these offenses as crimes of moral turpitude. Also, the assault charge is a crime of violence, and burglary is an aggravated felony.

    It sounds like all of this was a bit recent for you to be trying to negotiate some sort of plea deal or dismissal. Your public defender may be anticipating that, a couple of years from now, the complaining witness will have moved to a different state and the prosecutor will be eager to close the file.

  3. #3
    Join Date
    Oct 2006
    Posts
    5

    Default Re: Can I re-enter the U.S. after being indicted?

    Thank you for your reply. I appreciate it. Is the assault still a crime of violence even though I was not violent?

  4. #4
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    Sep 2005
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    Default Re: Can I re-enter the U.S. after being indicted?

    Yes. Further, to the extent that you argue that it was a "gentle" unwelcome touching, if characterized as a form of sexual assault it would also be considered a crime of violence.

  5. #5
    Join Date
    Oct 2006
    Posts
    5

    Default Re: Can I re-enter the U.S. after being indicted?

    Thank you for your help.

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