Can you enter back to the United States after you have completed probation? 13 Answers as of November 14, 2011

If his only offense is DUI or DWI, he should not have any problems returning from a brief trip. However, he must not violate probation because if he does, he risks an arrest warrant and that can cause him to be detained upon his return.

Probably if his permanent resident card was not taken away from him and he was not referred to ICE he should be fine but I would recommend he bring a certified copy of his court record to an immigration attorney to review so he will know for sure before leaving the U.S.

Technically, he can and should have no problem coming back. I have heard too many horror stories that I now pause before I say "Yes" to your kind of question. USCIS has gotten overzealous at some ports of entry and they actually confiscate LPR's green cards at time of re-entry if they even suspect something is out of place. I would recommend that he look into becoming a USC once and for all. Good luck!

I cannot answer the question without more information. Generally, DUI offenses (alone) are not offenses that will prohibit him from travelling and reentering. The reason for this is that most states classify DUI offenses as "strict liability" offenses. That means that it does not matter whether you intended to drive drunk or not. You are guilty if your alcohol content was above a certain level. For that reason, since there is no intent required, the crime is not considered a crime involving moral turpitude and would not prevent him from travelling and reentering. If, however, he got the DUI while his license was under revocation or suspension, then the DUI under revocation could be considered a crime involving moral turpitude because he knew he should not have been driving in the first place. Additionally, if the DUI was under the influence of drugs and not alcohol, that would be an offense that could cause him problems for travel. To be safe, he should definitely consult with an immigration attorney before making any travel plans. He should also plan on travelling with a certified copy of his court records and the records showing completion of probation.

It depends upon the specific charges. There are various DUI charges that a person could be charged with. Your husband should be able to travel, but he may have a secondary inspection upon his return. It would be in his best interest to take certified copies of the criminal disposition and proof that he completed his probation satisfactorily with him when traveling.

It appears that the probation would count as a conviction for immigration purposes, so it is not possible to determine admissibility without a full review of all relevant documentation from that case. Personally, I would not recommend cross border travel unless further analysis is conducted with respect to the facts and circumstances of the conviction, the actual charges brought and the order of the court.

Your husband must leave the US at which point he is barred for 10 years. But you may file I-130 petition and if approved file immigrant visa paperwork and he will need to get a I-601 extreme hardship waiver of 10 year bar.

If there are no other crimes to make him inadmissible, I see no problem

A DUI is not deportable and he should be able to travel.

Be careful traveling outside of the U.S. if you have any kind of criminal conviction and you are not a U.S. citizen. In your husbands case, without looking in detail at his conviction record, a good answer to your question cannot be given. Your husband needs to have a consultation with a good immigration attorney who can review the conviction record and determine if there is a problem.