Traveling to the USA with a Pending Court Case - Green Card Holder

[Asimesp 1]

Hello everyone,

 

I hope this message finds you well. I am seeking advice as I am currently facing a complex situation and would appreciate insights from the immigration community.

 

I am a Green Card holder currently in Pakistan, having traveled to meet my family. To my surprise, I discovered that a police complaint (FIR) has been lodged against me. I was subsequently arrested and later released on bail, and now my case is undergoing further proceedings in the court. Although the police investigation has cleared me as innocent, the court is yet to make a final decision.

 

My main concern is about my return to the USA. I hold a Green Card and need to travel back as soon as possible. I am seeking guidance on the optimal way to navigate this situation and any potential challenges I may face with the immigration department at the airport.

 

Specifically, I would appreciate insights on the following questions:

1. What is the best course of action for me to travel back to the USA while my court case is still pending?
2. Are there any specific steps or documents I should prepare to ensure a smooth re-entry into the USA?
3. How might the pending court case impact my re-entry and status as a Green Card holder?
4. Are there potential challenges or concerns that the immigration department might have, and how can I address them proactively?

 

I understand that each case is unique, but any general advice or experiences shared would be immensely helpful in guiding me through this situation. Thank you in advance for your time and assistance.

 

Best regards,

Asim

[Crazy Cat 39,317]

Are you planning to return to the US before the case is resolved in Pakistan?  What is the charge?

Edited January 26 by Crazy Cat

[Asimesp 1]

7 minutes ago, Crazy Cat said:

Are you planning to return to the US before the case is resolved in Pakistan?  What is the charge?

I'm waiting for final decision which may take couple of months and I have to come back to USA to resume my job in next month.
The charge is theft of jewelry lodged by my ex-wife. The police has no evidence and they cleared me their investigation. My ex-wife is in USA and she is not following up the case. 

[Crazy Cat 39,317]

4 minutes ago, Asimesp said:

I'm waiting for final decision which may take couple of months and I have to come back to USA to resume my job in next month.
The charge is theft of jewelry lodged by my ex-wife. The police has no evidence and they cleared me their investigation. My ex-wife is in USA and she is not following up the case. 

So, the ex knows you are outside the US, correct?  I think I would have an attorney lined up in case CBP detains you. 

Edited January 26 by Crazy Cat

[Crazy Cat 39,317]

This CBP article may or may not be applicable:

 

Can entry be denied to LPR convicted of a crime upon return to the United States? (cbp.gov)

[Asimesp 1]

Yes, she knows that I'm visiting my home country and she in connection with authorities to make sure I shouldn't come back to USA.

[Crazy Cat 39,317]

1 minute ago, Asimesp said:

Yes, she knows that I'm visiting my home country and she in connection with authorities to make sure I shouldn't come back to USA.

Ouch!!!  I would consult an attorney asap.

[Asimesp 1]

One more thing... ex-wife is out of status in USA.

[W199 264]

7 minutes ago, Asimesp said:

Yes, she knows that I'm visiting my home country and she in connection with authorities to make sure I shouldn't come back to USA.

 

I would think your biggest concern or issue would be on departure.  Your ex might have tried to put a hold-departure order in place to prevent you from leaving.  But it doesn't seem like that has happened. But perhaps you should verify.

Edited January 26 by W199

[Crazy Cat 39,317]

2 minutes ago, W199 said:

 

I would think your biggest concern or issue would be on departure.  Your ex mighthave tried to put a hold-departure order in place to prevent you from leaving.  But it doesn't seem like that has happened. But perhaps you should verify.

My thoughts too.  I wonder if Pakistan immigration would detain OP pending case resolution.  Might not find out until departure immigration check.

Edited January 26 by Crazy Cat

[Asimesp 1]

I verified that departure in not the issue as my case is still pending and court as order me bail. My concern is about immigration checks at New York airport if they will also clear me?

[Crazy Cat 39,317]

1 minute ago, Asimesp said:

I verified that departure in not the issue as my case is still pending and court as order me bail. My concern is about immigration checks at New York airport if they will also clear me?

You bail wasn't conditional on your remaining in the country? 

[W199 264]

Just now, Asimesp said:

I verified that departure in not the issue as my case is still pending and court as order me bail. My concern is about immigration checks at New York airport if they will also clear me?

 

It is not automatic. In my Wife's country, if they suspect you will flee, the prosecutor can go to court and ask the judge for a hold-departure order, but they must present proof that you plan to flee to avoid the court date. 

[Asimesp 1]

Yes, my bail is not conditional.

[Crazy Cat 39,317]

1 minute ago, Asimesp said:

Yes, my bail is not conditional.

How long have you been outside the US on this trip?