Can I come back to the US with a dismissed misdemeanor? 7 Answers as of October 06, 2011

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.

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!

I do not think you will have any problem. Have the certified court record with you.

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.

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.

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.

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.