Re-entering the U.S. with a Dismissed Misdeamenor

[SpaceStationOrion]

Jurisdiction

New Jersey

May I re-enter the U.S. with a green card after a dismissed domestic dispute case? No conviction, no restraining order. Police was called to defuse the situation, to help mediate but instead the police arrested me even though my spouse pledged with the police not to. My spouse signed affidavit that nothing happened and didn't want a restraining order or press charges. It was a big misunderstanding but the police had to do their job. Expungement can take up to 4 months. Is it safe to re-enter the U.S. before expungement? My spouse is a U.S. citizen and our children are U.S. citizens as well.

 

[army judge]

May I re-enter the U.S. with a green card after a dismissed domestic dispute case?

Why try to do something of which you're not sure?

Ask the friendly officers at the nearest US Embassy or consulate if you will be allowed to enter the US.

 

[SpaceStationOrion]

Why try to do something of which you're not sure?

Ask the friendly officers at the nearest US Embassy or consulate if you will be allowed to enter the US.

I'm currently still in the U.S.

 

[army judge]

I'm currently still in the U.S.

Even better, ask these people: www.uscis.gov

 

[SpaceStationOrion]

Even better, ask these people: Homepage

I could but they might just refer me to an immigration lawyer hence using this site as first source.

 

[army judge]

I could but they might just refer me to an immigration lawyer hence using this site as first source.

Let me get this straight.
If I tell you, it'll be just fine, you'll do it?

Okay, sure, you need not worry about being denied reentry.

 

[Highwayman]

See: Entry to the U.S. - Denied entry of LPR convicted of a crime when reentering the U.S.

Apparently even if you are convicted of a crime it's difficult to be denied re-entry.

You haven't been convicted of a crime so I don't think it's an issue for you.

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Can a Lawful Permanent Resident (LPR) be denied reentry into the U.S.?

Lawful Permanent Resident's (LPR) convicted of certain crimes cannot be denied reentry into the U.S., although they will be referred to an Immigration Hearing to determine deportability.

Once a determination of deportability has been made, the LPR status is revoked, and a deportation order handed down. Once such an order has been issued, a former LPR would not be allowed entry into the U.S. after any subsequent trip out of the U.S. unless a Waiver of Inadmissibility (I-192) is granted or if a Port Director approves a temporary parole (usually for humanitarian purposes).

The legal grounds for removal of LPR status are found in the Immigration and Nationality Act, Section 237.

Some of the most common grounds for revocation are: Fraud, theft, rape and related crimes, assault and battery, money laundering, drug dealing and alien smuggling.

If the conviction is of a particularly serious nature, it is likely that you would be detained until the date of the hearing.