Criminal Law tourist waiting for shoplifting trial

[kkaite2thelaw]

Hi, my mother is a tourist with b-2 visa, she was arrested for shoplifting, bailed out and is waiting for her trial; the problem is her I-94 will be expire before the trial date.

I do not want her to be banned to enter America, and the incident happened in texas

what should she do?
1. wait for the trial and apply for the extension of stay?
2. go back to our country according to her I-94? (will the case be dismissed since she must not stay longer in america as stated in her I-94)


thank you for your help

 

[NYClex]

We have had that exact situation here before, if you look at the threads in the forum. This can be really tricky. You should go to the court and try to get a trial date before the I-94 expires, because in the other case we had here the defendant was not readmitted to the US because of the undisposed charges. And without being here the charges could not be disposed of. It led to a catch 22.

Therefore you really want to get a trial date before the expiration date.

 

[kkaite2thelaw]

Thanks NYClex