Will I be able to enter the United States if I have a felony conviction? 5 Answers as of May 03, 2011

I am a permanent us resident and I have a felony on my record. I never went to court the case was dismissed can I leave the United States on vacation and come back without being stopped at the airport?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I am not sure that you have a felony conviction if the case was dismissed without you even having to go to court. So, make sure what your criminal record looks like before leaving on that vacation. Do yourself a favor and do a "DOJ Livescan" or a FBI criminal background check fingerprinting where you can receive your criminal record and know exactly what is on there. If you do have a felony conviction, then don't you leave the US. If you do not, then the next day I want you to apply for citizenship, get it and never worry about this again. Get a good attorney to do this for you. Good luck!
Answer Applies to: California
Replied: 5/3/2011
Devore Law Group, P.A.
Devore Law Group, P.A. | Jeffrey A. Devore
More facts are needed about the criminal matter to answer your questions. In certain instances a conviction is not necessary for an immigration officer to prevent you from entering the United States. It is sufficient that the officer have "reason to believe" that you have been involved in a criminal scheme. I suggest you consult with an immigration attorney to discuss the specifics of your case
Answer Applies to: Florida
Replied: 4/29/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Depending on your felony type, you might be inadmissible. You'd better apply for a waiver before you apply for a visa. Good luck!
Answer Applies to: Florida
Replied: 4/29/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
If dismissed it is not a conviction on your record.
Answer Applies to: Tennessee
Replied: 4/29/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You question states you have a felony conviction, but also says you never went to court and the case was dismissed. Which one is it? If you were convicted, then depending on the crime, the sentence, and other factors, you could be inadmissible and/or deportable from the U.S. The situation needs to be reviewed by an attorney. If you were only charged, but the charges were dismissed, then you could still find yourself being questioned when you try to re-enter the U.S. While you may not be inadmissible or deportable because you were not convicted, you can still have difficulties because it may show up on the DHS computer and be sent to secondary inspection.

I would recommend keeping a certified copy of the dismissal judgment with you when you travel. Finally, if you were convicted, but you had the conviction expunged, it could still be considered for immigration purposes.
Answer Applies to: California
Replied: 4/29/2011
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