Results 1 to 5 of 5
  1. #1
    Join Date
    Jan 2018
    Location
    Santa Clara, CA
    Posts
    8

    Question Risks of International Travel for a Permanent Resident After Misdemeanor Convictions

    Hello forum, I have been a U.S. permanent resident since 2012, originally case as a grad student, but employed as a software engineer since 2014.
    My problem is, that I've picked up a few misdemeanor offenses in these years:

    In 2015, I got a CWOF (Continuation Without a Finding, sort of not-quite-but-almost-conviction), on a Negligent Operation charge (Reckless Driving in more common English).

    In Nov. 2017 - a friend and I went to hunt a turkey for Thanksgiving - but were sort of clueless about the laws of the area, got caught by a Fish and Game warden and got a Hunting Trespass and Hunting without a hunter license violations :-(

    Now most recently, was shooting paper targets with an airgun in a remote ravine what turned out to be technically part of a county park - and am being charged with Unlawful discharge of Firearm - yep, for an airgun.

    I didn't get any jail time for any of this, only fines and driver education class for the reckless driving (which I did not do, got thrown in with about 10 other people for it, 3-4 of which were doing wheelies on the highway, but the DA didn't care who exactly did what) fines for the hunting violations...

    The shooting arraignment is still scheduled for March. I was told that jail time for this is extremely unlikely, given no actual harm was done and that it was an airgun not real firearm - but I'm concerned about any fallout from having 4 such misdemeanors (if you count CWOF as a conviction) on my record as a Permanent Resident? I'm afraid that if I plea guilty the record will just say "Discharge of Firearm in county park" and I'll have a hard time trying to convince anyone down the line that I was shooting paper targets with an airgun in a remote ravine, and not shooting a shotgun in Central Park with kids running around or something :-/

    I don't think any of this can be a CIMT can it?

    Also, the sum of possible theoretical jail time for these crimes doesn't add up to 5 yrs even if the maximums were summed up for all the charges including the non-conviction of reckless driving/negligent operation.

    Is there any risk of not being admitted to the U.S. after a travel abroad?

    Thank you in advance for your info!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is Permanent Resident Status / U.S. Re-Entry in danger with these Misdemeanors?

    Quote Quoting Mike95100
    View Post
    Is there any risk of not being admitted to the U.S. after a travel abroad?
    Yes, there is. It would be wise NOT to travel abroad.

  3. #3
    Join Date
    Jan 2018
    Location
    Santa Clara, CA
    Posts
    8

    Default Re: Risks of International Travel for a Permanent Resident After Misdemeanor Convicti

    Thanks for the precaution. I'm probably going to hire a lawyer to try and get the pending charge for shooting the airgun dismissed or at least reduced to an infraction. The existing hunting convictions... What was done was done, but one lawyer said it's possible to work with them somehow to eventually get them "expunged".

    Problem is that I might need to travel abroad within a few months for a certain project... of course, it's only for me to make the decision whether avoiding the risk of being bounced on re-entry worth the losses from dumping the project I need to travel in order to accomplish...
    And I'm posting here precisely to get some idea on that risk.

    Bumping thread for any additional opinions? Histories, or stats of people with similar charges being denied entry or successfully re-entering?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Risks of International Travel for a Permanent Resident After Misdemeanor Convicti

    Quote Quoting Mike95100
    View Post
    Thanks for the precaution. I'm probably going to hire a lawyer to try and get the pending charge for shooting the airgun dismissed or at least reduced to an infraction. The existing hunting convictions... What was done was done, but one lawyer said it's possible to work with them somehow to eventually get them "expunged".

    Problem is that I might need to travel abroad within a few months for a certain project... of course, it's only for me to make the decision whether avoiding the risk of being bounced on re-entry worth the losses from dumping the project I need to travel in order to accomplish...
    And I'm posting here precisely to get some idea on that risk.

    Bumping thread for any additional opinions? Histories, or stats of people with similar charges being denied entry or successfully re-entering?
    Any stats that might have existed before 2017 are out the window now. I do not think that anyone has a handle on it now.

    I just read last week about a man who had a green card for 40 years who was being deported due to some fairly minor criminal cases.

  5. #5
    Join Date
    Dec 2007
    Posts
    273

    Default Re: Risks of International Travel for a Permanent Resident After Misdemeanor Convicti

    Expungement does not matter for immigration.

    1. Sponsored Links
       

Similar Threads

  1. Legal Permanent Residency: Does a Permanent Resident Need Advance Parole to Travel Outside of the U.S.
    By lawfacts in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 02-08-2017, 05:02 PM
  2. Legal Permanent Residency: International Travel by a Permanent Resident With a Pending DV Case
    By lawfacts in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 09-26-2016, 11:29 AM
  3. Legal Permanent Residency: Can a Permanent Resident Travel Abroad for Work
    By Ginawu in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 05-01-2013, 07:43 AM
  4. Legal Permanent Residency: International Travel by a Permanent Resident
    By tayaran in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 03-02-2009, 04:20 PM
  5. Can A Permanent Resident Travel Abroad For Work
    By cristianofl in forum Permanent Residency and Naturalization
    Replies: 11
    Last Post: 09-18-2008, 03:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources