Possible detention at the POE
 

There is a civil contempt and arrest warrant issued against me in a GA county court on account of failure to pay alimony. I am an Indian citizen and was in green card while this warrant was issued. The warrant was issued after I returned to India and in my absence. I surrendered my Green Card and its been 4 years. Wishing to visit a different state in US on a business/visitor visa for a two day workshop. My visa interview is coming up in few days.

My questions are,
1) Should I disclose this matter to the visa officer in the Indian consulate?
2) If I'm granted visa and try to enter could I be detained at the POE?
3) If so, what options do I have.

Below is the relevant text from the warrant order.

"The Sheriff of XX County or any other county where the defendant can be found is hereby directed to incarcerate the Defendant, instanter, and to hold him in public jail until he can purge himself of his contempt. The Defendant may purge himself of contempt and be released from custody by paying the sum YYYY to the Sheriff, with said payment to be thereafter mailed directly to the Plaintiff, (address)"


Your help is highly appreciated.
Thanks.

Maybe you should pay your alimony?

Well, I got re-married and have two small kids now. My ex married her boyfriend she was cheating me with and is still in USA. The amount I'm asked to pay is about 50K which include not just alimony but the value of some non-existent jewelry (30K) which she lied to the court that I hid from her and the judge was happy believing everything she said including the value of the non-existent jewelry.

After going through all that I've been, my conscience doesn't allow me to pay her a single dime back. Already lost several thousands of dollars on a futile marriage. But then I know, there is perhaps no way out. Was just wondering the possibility of getting detained if I enter a different state far off from the state where the warrant was issued.

It might be helpful to speak to a US immigration attorney who has experience with the state you are visiting. It would, it seems to me, depend on whether the US State Department and the immigration authorities have access to state court records. If the answer is yes, then I'd bet you'd be detained. If the answer is no, then probably not. Most of the people on this board can only speculate about the outcome. (But I can guarantee you that if you were caught you'd spent a whole lot, probably close to the 50k you owe in getting out. Assuming you hired a good, not cheap lawyer.)

The warrant will be there until you pay the $50k plus any other fines and court costs owed. Whether you think the amount is wrong or not is moot; you lost that argument in court years ago. The fact that she cheated on you and remarried is also irrelevant. You have had a judgement against you, and you failed to pay it. Thus, the warrant for your arrest.

You have two choices - pay it now and get everything cleared up, or have it hanging over your head if you return to the US.

I am not an immigration lawyer, however, in my practice - primarily criminal law - I have represented many individuals who were taken into custody for outstanding warrants at points of entry.

Chances are that, whether you disclose it or not, the consular official reviewing your visa application will find out about your warrant. Your visa application is likely to be denied due to the outstanding warrant, lying about its existence or willful refusal to obey a lawful court order.

Even if you were to obtain a visitor's visa, upon arrival in the United States, the CBP officer will have access to an arrests, wants and warrants system and will know of your warrant. At that point, you will either be refused admission to the United States or be held until Georgia decides whether to seek your extradition. Most states seek extradition only for felony criminal matters. However, even if Georgia does not seek you extradition, I doubt that you will be admitted to the country at that point.

My recommendation is that unless you comply with the court order, save the visa application fee.

This is much much too serious to be relying on information you get from us here.

The answer to (1) is of course yes. Also, weren't you supposed to disclose that on your visa application?

The answer to (2) is yes. Could you be detained? Certainly yes. Will, you; is it likely? I haven't got the first clue. Go to somebody that knows. I expect there's no way they will arrest you at the visa interview because you're in India. But don't set foot in the USA without finding out from a real expert what is likely to happen.

1. Yes, if you apply and it comes up.
2. Yes, but the outcomes aren't all that certain except that they fall within a range of known possibilities.
3. Hire a lawyer in the US to try to get the matter cleared (including with payment for outstanding liabilities), avoid going to the US, or doing both of the mentioned approaches -- before going to the US.

Thank you all for the great answers. Really overwhelmed by your help. I'm deciding against my travel. I got one follow up question though. As per the order it states "the Defendant may purge himself of contempt and be released from custody by paying the sum YY to the Sheriff"

Does it mean, if in the event I'm arrested, I can ask a US citizen friend to pay 50K on my behalf to the sheriff or CBP officer and I will be released immediately and not be taken to a jail?

If paying by a friend on my behalf is possible, can he do it via bank transfer without having to come personally to the place of arrest?

Sitting in India, how can I get this warrant revoked for the sake of possible travels in future?

Thanks.

You need to contact a lawyer in the jurisdiction where the warrant is issued. The underlying issue, the alimony, will need to be taken care of first. A good lawyer may be able to negotiate or abate the amount even at this late date (it should've been taken care of before it got to the warrant stage so negotiation may not be an option, but should at least be attempted). Then once the underlying issue is taken care of, then the lawyer should work to get the warrant revoked and removed from the system.

You really do need to get professional legal advice.

Don't confuse the Sheriff mentioned on the original order with CBP. They are two completely separate organizations. I don't know if CBP would simply refuse you entry or if CBP would allow you to enter directly into the custody of the Sheriff.

And then after that, talk to an immigration lawyer, because maybe this makes him inadmissible.

After the matter is resolved with the warrant and related debt, then I don't see the need to hesitate to apply for the visa and visit.

For $50,000 + the possibility that there may be substantial post-judgment interest, OP needs a lawyer who can get the underlying civil contempt mess straightened out and a competent immigration lawyer. Maybe it's one lawyer and maybe it's two.

Warrants have a nasty habit of following people around forever. Even when the underlying case is not enforced, they get entered incorrectly in various databases and pop up at the most inopportune times.

If OP knows people who can show up at some sheriffs office with $50K in cash, he's got enough to find a lawyer or two to help him get this under control.

Whether he chooses to come to the workshop in question, this stuff just goes from bad to worse and sooner or later the ex will decide to enforce her judgment overseas (which she may be able to do).

$30k in jewelry is a lot for a judge to accept without some evidence it actually existed.