Impact of misdemeanor hit and run traffic violations during port of entry with Advanced Parole

bikrambhuyan

By bikrambhuyan,
in Criminal Issues

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bikrambhuyan Member

bikrambhuyan

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Hello Guys,

 

I need a quick advice from you guys. In year 2011 I has a minor accident with another car (nothing major but only scratched to the other car). I was returning from work in the evening and due to jet lag (I just returned from India 2 days back), I did not realize I hit the side of a car. By the time I notice the damage and realize it I have already passed the accident spot. After some times I see cops near my vehicle and gave me a misdemeanor hit and run ticket. Nothing major impact like arrest etc. Only got a ticket with misdemeanor offence to appear in court.

 

After that I hired an attorney and my attorney worked on my case. Finally I have to pay a fine and have to work 5 days of community service. After that I did couple of my H1 extension and EAD extension without any issues. Right now I have advanced parole (AP).

 

My question is, I have to travel to India in next few weeks and will be using Advanced Parole for re-entering at the post of entry. Do you see any issues while entering with my case. Note that I will be traveling for the first time after that case in 2011.

 

So I wanted to get some advice from you all if any one have any first hand experience for these scenario.

 

Thanks,

Bikram.

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bikrambhuyan Member

bikrambhuyan

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Thanks a lot for all your valuable Inputs.

 

Andy, Could you please suggest what is the procedure for check from state's justice department? I mean is there any process I need to follow to get this done?

 

I am planning to consult an Immigration Attorney and get my case analysed. But if I can do the search in some way that will give me some relief.

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Andy.Pondy Member

Andy.Pondy

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Most of the states(May be all but I'm not sure) maintain the criminal records of their own. If you get conviction in a state, normally it goes into state government's criminal database and is usually maintained by justice department of the state.  Try to get information about it in the state where you live in. If the state database doesn't have a record for you most likely it's not with the FBI as well. Since you don't have any arrest record most likely your fingerprints won't be hit at POE. If it pops up in the search, just tell them in brief that it's a traffic misdemeanor. I don't think you have to fret about this. 

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  • 3 weeks later...
bikrambhuyan Member

bikrambhuyan

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Hello Guys,

 

Just to give more update on my case if it helps our friends who might be in the same situation.

 

I consulted my immigration attorney and discussed my situation. He analysed my case and suggested the following things to do.

 

1. Get the final court disposition document from the court. It has to be a certified copy. I got this document from the court and showed it to my attorney. He said, I should carry this document all the time when I travel.

 

2. As per my attorney, my case will appear during the port of entry and I will be called for secondary inspection. I need to show this document there. He said nothing to panic. This is just a formality they have to do. Based on my case, they will verify the details from their system and will allow me. Nothing to worry about.

 

3. I changed my employer once after getting EAD/AP. So my attorney suggested to carry AC21 document (from my current employer's immigration attorney office). This might not be applicable if we don't change job after getting EAD/AP.

 

He said my case is not major and I should not have any major issues during my return using Advanced Parole at the port of entry.

 

I am feeling much better after this discussion. I hope this information will help many of our friends who might be in the same situation as mine. Now I am planning to book my ticket and looking forward to visit my parents after 4 years.

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  • 1 month later...
  • 2 months later...
bikrambhuyan Member

bikrambhuyan

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Hi Guys,

 

Wanted to share my experience as I went on vacation last month and re-entered US this week with advanced parole.

 

At the port of entry I was sent for secondary inspection (actually all cases where we use EAD/AP to re-enter US are sent for secondary inspection). I submitted my documents (Passport and Advanced Parole Card) and waited for around 45 minutes as there were many people already in the queue. The officer did some verification and asked me for how many days I was out of country. I said for around 1 month. Then he did some more checking in his system. After some times he asked us for finger scan and stamped our passport and said we are good to go.

 

Strangely he did not ask a single question regarding my case. I had all the documents ready regarding my cases like court disposition letter and other related documents. But I did not have to answer or submit anything regarding my case. I did not face any issues in re-entry.

 

Please note that I had my final interview related to my green card processing around OCT 2015 where I submitted all the documents related to my case to USCIS. I am guessing that might be the reason why they did not ask any questions related to my case during port of entry (but I am not 100% sure).

 

But in conclusion I can say that it worked out without a single issue. Wanted to share my experience as it might help our fellow friend who might be in the same situation.

 

- Biky.

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  • 5 months later...
mdummy Advanced Member

mdummy

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Hy Biky thank you very much, like this co-ordination among fellow people is must, I really appreciate your step to step update, what happened to your Green Card interview? Did they called you for the interview and did they asked you about this? Please update, also one sad thing is even though you got green card, whenever you enter POE must and carry the court document It happens till you become citizen of united states. 

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bikrambhuyan Member

bikrambhuyan

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Please have a look at my update on the green card interview here.

 

http://forum.murthy.com/index.php?/topic/93301-letter-to-appear-at-uscis-office-for-interview-for-green-card-final-processing-with-misdemeanor-hit-and-run-traffic-violations/

 

I did not get green card yet. This is mainly due to the slowness in EB2 category. My priority date is in July 2009. It has not reached yet.

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