Can I travel overseas with a Dismissed Misdemeanor? 2 Answers as of May 12, 2011I'm a US resident since 2005. Can I apply for a Travel Document without creating problems for myself with USCIS if I have a Dismissed First Degree Misdemeanor? The case was recently dismissed after completing a misdemeanor intervention program and a petit theft class. Or if I go overseas for a few months would I have problems getting back in the US? Would I need any special papers to show at the Point of Entry relating to this problem with the law?
Pacifica Legal Services | Floyd Fernandez
Short answer is yes. Your petit theft misdemeanor can disqualify you with another one, but as of now, go ahead, make sure that you have received Parole to Re-enter the USA, if your anticipated length of stay outside is more than six months.
Answer Applies to: California
Calderón Seguin PLC | Ofelia L. Calderon
You should not travel outside the U.S. without consulting first with an experienced immigration attorney. It "sounds" like you had some sort of deferred adjudication disposition which may be considered a conviction for immigration purposes. If so and it was an offense involving moral turpitude (theft usually is), you may face inadmissibility on the way back in and be placed in removal proceedings. There is an exception, but I think it is better to be safe and pay the consult than sorry.
Answer Applies to: Virginia