How does Probation works for a non-Citizen returning to USA?

meispisces

By meispisces,
in Criminal Issues

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meispisces Member

meispisces

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Hello All, My friend has been given 3 years probation. Since his work visa was ending , judge sentence him that if he is out of US, his probation is suspended and if he returns back he has to serve his probation. He was sentenced in Atlanta, GA If he returns back to US (for work ) in any city other than Atlanta, how his probation will work? As per his PO advise, he has to visit Atlanta office immediately and his PO will initiate transfer process Couple of Questions here.

(a). Does this mean that he has to land in Atlanta if he is coming back to US or he can go to any other city and then visit Atlanta? (b). Until the transfer process is completed, can he go back to his work state (for e.g. California) and start working there until his transfer is approved? (c). I also read online that if we pay complete restitution of probation, early discharge of probation is possible. Is that true? He can pay full amount of probation.

Couple of Points

(a). He has been given Probation under Georgia's First Offender Act.

(b). He has taken written permission to leave the country from his P.O.

(c). He has given one drug test after the Probation Orientation and he didn't test positive.

(d). There are no other special conditions in his probation sentencing such as Community Service or DNA registration etc.

(e). He has paid full court fees (around $1500) before leaving USA

(f). He is not a Sex offender

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sam3215 Advanced Member

sam3215

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Well first of all if you are sentenced or convicted for Drug offenses then if u leave US your friend cannot reenter .. Game over. His visa will be revoked by Uscis or will be denied entry or denied visa ..

consult a US immigration attorney ask about the consequences for visa. 

This offense and conviction is taken very seriously by uscis

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meispisces Member

meispisces

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8 hours ago, century_new said:

Well first of all if you are sentenced or convicted for Drug offenses then if u leave US your friend cannot reenter .. Game over. His visa will be revoked by Uscis or will be denied entry or denied visa ..

consult a US immigration attorney ask about the consequences for visa. 

This offense and conviction is taken very seriously by uscis

He has not been convicted for Drug Offense.. He has already left USA and his visa revoke shows in progress in USCIS website.

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sam3215 Advanced Member

sam3215

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4 hours ago, meispisces said:

Why do you think that? Can you please explain? Just wanted to know little bit more about how the US Immigration works?

I think felony charges results in inadmissiblity issues. And his sentencing was 3 years probation which is a conviction for immigration check with immigration lawyers.

i am not sure if hos charge is a CIMT

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meispisces Member

meispisces

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On 9/16/2016 at 1:57 AM, JoeF said:

Did your friend discuss this with an immigration lawyer? Before he left?

Was this a CIMT?

For all these things, consulting with an immigration lawyer is important.

He didn't consult with immigration lawyer. As per internet forums if the crime is not CIMT, then visa can be granted. Not 100% sure though. Also, there can be issue with CBP Port of Entry (PoE). Not sure about that though.

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meispisces Member

meispisces

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On 9/16/2016 at 4:36 AM, century_new said:

I think felony charges results in inadmissiblity issues. And his sentencing was 3 years probation which is a conviction for immigration check with immigration lawyers.

i am not sure if hos charge is a CIMT

I think not all the felony results in inadmissible issues. Only if it is CIMT. Hence not sure whether the crime is CIMT.

He didn't check with immigration lawyer before taking guilty plea.

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JoeF Advanced Member

JoeF

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5 hours ago, meispisces said:

He didn't consult with immigration lawyer. As per internet forums if the crime is not CIMT, then visa can be granted. Not 100% sure though. Also, there can be issue with CBP Port of Entry (PoE). Not sure about that though.

Oh boy.

I'm sorry, but he is a fool if he believes Internet Forums. He needs to consult with a lawyer, not believe what somebody more or less anonymous says on the Internet.

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