Can I come back to the US with a dismissed misdemeanor? 8 Answers as of June 24, 2013

I have US B1 Visa and was charged with Class A Misdemeanor and the case was dismissed with pretrial Diversion program. Will there be any problem in Re-entering the USA?

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All American Immigration
All American Immigration | Tom Youngjohn
Depending on the actual crime and what the diversion process actually entailed, yes, you could have a problem. It's always smart to get a second opinion.
Answer Applies to: Washington
Replied: 10/6/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I think not since the case was dismissed. It does not exist but if a USCIS officer asks you if you have ever been arrested or something similar to that, tell the truth. Don't hide it just because it is not on your criminal background anymore. If you answer yes, then the next thing out of your mouth should be "but it was dismissed." Good luck!
Answer Applies to: California
Replied: 9/16/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
As long as you disclose it to the inspectors at the time of entry, I see no problem.
Answer Applies to: Nevada
Replied: 6/24/2013
The Ghosh Law Group
The Ghosh Law Group | Amy Maitrayee Ghosh
I do not think you will have any problem. Have the certified court record with you.
Answer Applies to: California
Replied: 9/14/2011
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
Certain offenses render the noncitizen inadmissible. Controlled substance and crimes involving moral turpitude offenses in particular. Pretrial diversion does not remove the conviction if there was a finding of guilt.
Answer Applies to: California
Replied: 9/14/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    A criminal arrest and/or conviction can cause problems with admission to the United States. It really depends upon what the arrest was for. It is in your interest to make sure that you receive a certified disposition of the case from the court showing the charges were dismissed. This will be useful when you wish to re-enter. However, for a more concrete opinion, you should consult an immigration attorney regarding the specific of the arrest and the diversion program.
    Answer Applies to: New York
    Replied: 9/14/2011
    Joseph Law Firm
    Joseph Law Firm | Jeff Joseph
    Depends on the nature of the misdemeanor, and the maximum potential penalty. If the offense was a crime involving moral turpitude or drug offense and the maximum potential penalty exceeds one year in jail, it could be an inadmissible offense. The law does not require a conviction in order to render you inadmissible it only requires an admission of the essential elements of the offense. So whether your pretrial diversion will render you inadmissible, depends on whether you were required to plead guilty. If not, then you do not have a valid admission of a crime and your offense should not render you inadmissible.
    Answer Applies to: Colorado
    Replied: 9/13/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    No you should have no problems in re-entering. Of course, you called always be questioned in a deferred inspection, but a dismissed misdemeanor is not enough to make you ineligible to re-enter.
    Answer Applies to: Florida
    Replied: 9/13/2011
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