Enter USA on re-entry permit

dgandhi

By dgandhi,
in Criminal Issues

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dgandhi Member

dgandhi

Posted
Posted

Hi,

I am a Legal Permanent Resident (GC holder) of USA and staying outside United States since Sept 2014 on a 2 year valid re-entry permit. Re-entry permit to expire in Jan 2017 and GC expires in Nov 2021. I am required to travel to USA in next few weeks for work reasons for my employer and also re-apply for re-entry permit.

Here is my case details for which I need expert advise from you related to entry to USA -

- On September 12, 2013 I was charged with two counts of Assault in the Third Degree, a class A misdemeanor in USA and was guilty of Assault in the Third Degree because I had attempted to cause and recklessly caused physical injury to another.
- On September 13, 2013 I entered a plea of guilty to the misdemeanor charges. I was sentenced to a suspended jail sentence (SES) of 365 days, two years of unsupervised probation, and payment of fines and expenses (which is all successfully completed as of today).
- On June 4, 2014 filed a motion to amend suspended jail sentence from 365 days to 364 days.
- On July 31, 2014 the Court granted the motion, and amended sentence to a 364 days suspended sentence.

Therefore, as of now, I have been convicted of two counts of Assault in the Third Degree, a Class A misdemeanor. My sentence consists of two years of unsupervised probation, a 364 day suspended jail term, and payment of fines and expenses (which is all successfully completed as of today).

Upon detailed review of the relevant records, statutes, and case law by the top notch immigration attorney of USA in August 2014, it is attorney's legal opinion that - "I am NOT inadmissible to the United States as a result of these criminal charges as attorney does not believe that my conviction for Assault in the Third Degree constitutes a Crime Involving Moral Turpitude (CIMT) because the information specifically states that I was convicted of "recklessly" causing physical injury, but the statute does not contain the element of "infliction of serious bodily injury". Therefore, this statute, and my conviction, do not meet the long established standards promulgated by the Board of Immigration Appeals for CIMT findings in the context of "assaultive" crimes - the Board has explicitly stated that, where a conviction for an assault crimes may be obtained based upon "reckless" conduct, that state of mind must be coupled with the element of "infliction of serious bodily injury" to support a CIMT finding."

I want to know -

1) How will I be treated at POE as far as my case (explained above) is concerned? The sentence term is all complete now.

2) Can I be deported from POE or they must allow me to enter as I am LPR?

3) What documents/proofs do I need to carry with me for staying outside the United States for so long?

4) Though I do not have job or house in USA at this time, I have been filing returns every year (2014 and 2015), was paying part payment of furniture I bought from NFM, my term insurance in USA is still active and premium gets auto-deducted every month. Is this sufficient to show my connect with USA?

Need your expert advise as to what are my options and what am I required to do if I need to travel to and enter in the USA in a weeks time.

Thanks!

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  • 3 weeks later...
pontevecchio Advanced Member

pontevecchio

Posted
Posted

1. Do you have written permission from the court to leave the country?

2. The Re-entry permit is sufficient for your stay abroad though note it does not keep your eligibility for Citizenship intact. For citizenship you still need to be eligible.

 

3. In view of the RE permit you can return before the permit expires. Again taking a 2 year permit takes some explaining. I would urge you to discuss all these things with a Lawyer.

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