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  1. #1
    Join Date
    Sep 2018
    Posts
    3

    Question Green Card Holder Been Out the Country for Over a Year Plus Outstanding Bench Warrant

    Hi! I need everyone's expert input:

    I'm a Green Card holder. I've been out of the United States for over a year now. And I have an outstanding bench warrant.

    I wish to return to the States. What I'd like to know are:

    1) Will immigration deny my entry to the US and send me back to the country I came from?
    2) Or since I have an outstanding bench warrant...will I get arrested on the spot?
    3) Am I eligible for any kind of waiver, so that they can still let me enter the US?
    4) Tell me what else could possibly happen. Tell me what I don't know.

    My wife is a US citizen. My kids are US citizens. They all miss me and really just want me to come back home to the States asap. I have all their love and support.

    Additional info: The bench warrant is related to a felony conviction (which is a D.V. on some lady I briefly had an affair with. I was wrongly accused, but my attorney strongly convinced me to just take the plea bargain. Big mistake). Fast-forward later, I left the States and haven't been back since.

    What are my chances of coming back home to the States, and getting this sorted out?

    I would do anything for my family, even if that means I have to do time or something. I just miss home and my family

  2. #2
    Join Date
    Jul 2010
    Posts
    7,604

    Default Re: Green Card Holder Been Out the Country for Over a Year Plus Outstanding Bench War

    Your best bet is to contact a criminal defense attorney in the jurisdiction that issued it to arrange your surrender upon return the the States. If you absconded, they aren't likely to be willing to look the other way. I'm guessing it's from a court near where you live so odds are it's going to bite you in the butt regardless of whether you make it back into the States without incident.

    You also need to consult an immigration attorney (you should have done this before taking that plea) as that felony DV conviction makes you deportable.

    1. They could.

    2. It could happen.

    3. A waiver may be possible but now that you have a DV conviction, you are deportable. Since you are already outside the US, they might take the easy route and just tell you don't come back.

    4. Nothing else can really happen regarding the actual return to the States. You are either denied entry or you aren't. You are either arrested on entry or you're not. If you make it back in the country, if you don't take care of it, any encounter with law enforcement could lead to your arrest. After your arrest and you serve whatever sentence you ran away from, INS can place a hold on you and deport you from the country.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,037

    Default Re: Green Card Holder Been Out the Country for Over a Year Plus Outstanding Bench War

    He also needs an immigration attorney. At his point, a year away without an immigration permit, he can highly expect to be turned away after signing a document advising he has abandoned his permanent residence status. They should allow advance parole to appear on the charges, but he'll probably have to leave as soon as that is over (convicted or not).

  4. #4
    Join Date
    Sep 2018
    Posts
    3

    Default Re: Green Card Holder Been Out the Country for Over a Year Plus Outstanding Bench War

    Thank you for your inputs free9man and flyingron.

    I have an eTA (electronic travel authorization) to visit Canada. This is a visitor visa that they give to US Green Card holders wanting to visit Canada. I applied for it and already received it.

    I have siblings there in Canada and my question is: If I travel to Canada, will they check or find out about my bench warrant in the States?...because I'm thinking they would want to see or check my US Green Card since the eTA or visitor visa that they granted me is the one for Green Card holders.


    Thank you.

    I have an eTA (electronic travel authorization) to visit Canada. This is a visitor visa that they give to US Green Card holders wanting to visit Canada. I applied for it and already received it.

    I have siblings there in Canada and my question is: If I travel to Canada, will they check or find out about my bench warrant in the States?...because I'm thinking they would want to see or check my US Green Card since the eTA or visitor visa that they granted me is the one for Green Card holders.


    Thank you.

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