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  1. #1
    Join Date
    Sep 2009
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    Default Charged with Lewd Behavior in Oklahoma; Left the Country; Now Wanting to Return

    My question involves criminal law for the state of: Oklahoma

    In a nutshell:
    Charged with lewd behavior in Oklahoma; left the country; now wanting to return to the US

    I was charged with lewd behavior against my stepdaughter back in 2005 for an event that occurred in 2002, and I have left US for this reason in April 2005.

    My wife and stepdaughter followed me later the same year to live with me and to keep the family union intact.

    The issues that my stepdaughter and I had back then we have resolved, and our relationship is a good one again (which she is willing to confirm).

    My wife and daughter have forgiven me for what I have done, and we all live together quite happily abroad, even though we would like to return to the US now.

    - What would happen if I were to try and enter the US at any entry port? Would I be arrested on the spot or would I be "safe" anywhere outside of Oklahoma?

    - Is my permanent resident status still valid after those felony charges?

    --Ran

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Charged with Lewd Behavior in Oklahoma; Left the Country; Now Wanting to Return

    What would happen if I were to try and enter the US at any entry port?
    Unknown.

    Would I be arrested on the spot or would I be "safe" anywhere outside of Oklahoma?
    Is there a warrant out for your arrest? Did you flee prior to trial, or did you stand trial?

    If there's a warrant out, you may well be arrested upon presenting at the border.

    - Is my permanent resident status still valid after those felony charges?
    As you have been out of the country for longer than a year, your LPR status may be presumed abandoned. And if your charges are viewed as an aggravated felony - I believe they are, but I can't get to my usual reference at the moment - you're subject to immediate deportation and LIFETIME ban.

    I would suggest that you don't even THINK of attempting to return to the US without consulting with an attorney specializing in immigration law.

  3. #3
    Join Date
    Sep 2009
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    4

    Default Re: Charged with Lewd Behavior in Oklahoma; Left the Country; Now Wanting to Return

    Thank you for your info so far, LawResearcherMissy.

    Quote Quoting LawResearcherMissy
    View Post

    Is there a warrant out for your arrest? Did you flee prior to trial, or did you stand trial?

    If there's a warrant out, you may well be arrested upon presenting at the border.
    I took "flight" right after my interview with the detective that was assigned to my case (so there was no trial); my wife told me later that they issued a warrant for my arrest. At that time I was already in another country.


    Quote Quoting LawResearcherMissy
    View Post
    As you have been out of the country for longer than a year, your LPR status may be presumed abandoned. And if your charges are viewed as an aggravated felony - I believe they are, but I can't get to my usual reference at the moment - you're subject to immediate deportation and LIFETIME ban.
    Ouch.. that's a scary prospect...


    Quote Quoting LawResearcherMissy
    View Post
    I would suggest that you don't even THINK of attempting to return to the US without consulting with an attorney specializing in immigration law.
    Thank you for the heads-up. I really appreciate your answer!

    --Ran

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Charged with Lewd Behavior in Oklahoma; Left the Country; Now Wanting to Return

    Google "Roman Polanski".

  5. #5
    Join Date
    Sep 2009
    Posts
    4

    Default Re: Charged with Lewd Behavior in Oklahoma; Left the Country; Now Wanting to Return

    Thank you for Polanski reference, cyjeff. Even though Polanski's "unlawful sexual intercourse" seems to be a much stronger case than what I have to deal with, the reference as to how the US jurisdiction views his case is quite an eye opener.

    --Ran

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Charged with Lewd Behavior in Oklahoma; Left the Country; Now Wanting to Return

    Quote Quoting Ran
    View Post
    Thank you for Polanski reference, cyjeff. Even though Polanski's "unlawful sexual intercourse" seems to be a much stronger case than what I have to deal with, the reference as to how the US jurisdiction views his case is quite an eye opener.

    --Ran
    And I assure you that he has more money and more visible friends than you do.

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