travelling outside of US after arrest but before the trail

[hopeincape]

I have gotten arrested and released for soliciting a prostitute which is a class A misdemenor. I hired a criminal defence attorney and the court dates are pending in couple of months. I will need to travel to India for a week in this month. I have got the permission from the court to travel. I have valid h1b visa until end of next year. Is it risky to travel? Should I carry any documents along with me which I need to show at the port of entry? I also have an EAD which I got 2 years ago. It has been a little more than 6 years since I entered US first time on h1b.  

 

[jairichi]

I have gotten arrested and released for soliciting a prostitute which is a class A misdemenor. I hired a criminal defence attorney and the court dates are pending in couple of months. I will need to travel to India for a week in this month. I have got the permission from the court to travel. I have valid h1b visa until end of next year. Is it risky to travel? Should I carry any documents along with me which I need to show at the port of entry? I also have an EAD which I got 2 years ago. It has been a little more than 6 years since I entered US first time on h1b.  

It should be ok as long as you have court's approval. Carry all court documents including court's permission for you to leave and return to stand for trial. Also, consult an attorney before you make any decision.

[hopeincape]

Thanks Jairichi. I have consulted my attorney both criminal and immigration and they seem to be ok with it.

[jairichi]

Thanks Jairichi. I have consulted my attorney both criminal and immigration and they seem to be ok with it.

Good to know that. Safe travel.

[JoeF]

If you have court approval it is ok.

[Singhh]

Hi HopeinCape,

 

I traveled to India after arrest and before trial and stayed there in INDIA for six months, mine is GC.

I did not have court approval or any approval , i took bail for 5000$ and traveled, 

As long as you are not convicted or decision made  it will not update the records and it should be fine.

When i was convicted for (DWI in my case ) and traveled again , while coming back i was taken to second level interview at POE but it was simple and they let me go in exactly in 3 min.

Green light from me.

[jairichi]

Hi HopeinCape,

 

I traveled to India after arrest and before trial and stayed there in INDIA for six months, mine is GC.

I did not have court approval or any approval , i took bail for 5000$ and traveled, 

As long as you are not convicted or decision made  it will not update the records and it should be fine.

When i was convicted for (DWI in my case ) and traveled again , while coming back i was taken to second level interview at POE but it was simple and they let me go in exactly in 3 min.

Green light from me.

I believe one can not travel when one is out on bail. That will be violation of bail.

[pontevecchio]

Secure borders mandates that an alien arrested is added to the database. Hence it is foolhardy to leave during the pendency of a judicial proceeding without asking the Lawyer who may in most cases get permission for you.

[ramraj2013]

Thanks Jairichi. I have consulted my attorney both criminal and immigration and they seem to be ok with it.

Hi, Have you traveled or not . If you have traveled can you please update us if anything happened.