Entering the US...after having left......
Dec 17, 2010 | 11:01 am
#1
Original Poster
Join Date: Dec 2010
Posts: 4
Entering the US...after having left......
Hi all, I'm new here and I'm not sure if you can help but it's worth a shot. When I was 6 years old we moved to the US and I grew up there. However, I never became a citizen. It was never an issue as, I guess, all my paperwork was in order. When I was 20 I made a stupid mistake of driving drunk. I was arrested for DUI. Soon after I had a family emergency back home and left...not realizing my DUI probation was not yet complete. Several years have passed since then and I've recently found out that there is a bench warrant for my arrest and I'm planning a trip back to the States.
This is just a short vacation with the wife.
Do you know if I'll have any issues with Customs? There is no visa requirement as I will be staying less than a month but I would hate to be detained at my point of entry. Any help is greatly appreciated.
This is just a short vacation with the wife.
Do you know if I'll have any issues with Customs? There is no visa requirement as I will be staying less than a month but I would hate to be detained at my point of entry. Any help is greatly appreciated.
Dec 17, 2010 | 11:09 am
#4
Join Date: Nov 2002
Location: SEA/YVR/BLI
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Welcome to FT. 
I would suggest you make contact with an American lawyer and pay for some professional legal advice regarding your status in advance of any visit.
I would suggest you make contact with an American lawyer and pay for some professional legal advice regarding your status in advance of any visit.
Dec 17, 2010 | 11:09 am
#5
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Join Date: Nov 2010
Posts: 140
So you lived in the U.S. from 6 to 20, and you never acquired a green card? Something does not dovetail here. Are you SURE you are not in an overstay situation? That might be a bigger problem than a bench warrant.
Dec 17, 2010 | 11:12 am
#7
Original Poster
Join Date: Dec 2010
Posts: 4
I've already gotten the ESTA authorization.
Last edited by Kiwi Flyer; Dec 18, 2010 at 6:58 pm Reason: merge consecutive posts
Dec 17, 2010 | 11:31 am
#8
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Join Date: Nov 2010
Posts: 140
Things are a lot less clear with a bench warrant. Do they ask about those things when you apply for travel authorization? If they did, and you answered honestly, you might well be OK with the feds as well. Local authorities - less clear, but as long as you stay out of their jurisdiction, what are they going to do?
...however, as someone pointed out above - consult a lawyer. I am not one.
Dec 17, 2010 | 11:48 am
#10
FlyerTalk Evangelist
Join Date: Nov 2009
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Is it worth the risk? You never know if they'll see something when they run your passport.. I am not a lawyer, but some have suggested entering Canada, and then flying to the US from Canada..
Dec 17, 2010 | 12:02 pm
#11
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
Join Date: Dec 2009
Location: LAX
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Who is a Permanent Resident?
A permanent resident is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "green card." You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States.
Dec 17, 2010 | 12:12 pm
#13
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Join Date: Nov 2010
Posts: 140
And, no need to lecture me on what LPR is. I was one for 5 years.
Student dependent, F2? Possibly going to F1 around college age. Not sure how that works in real world.
Last edited by Kiwi Flyer; Dec 18, 2010 at 6:59 pm Reason: merge consecutive posts
Dec 17, 2010 | 12:16 pm
#14
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Dec 17, 2010 | 12:19 pm
#15
Join Date: Jul 2010
Location: California. USA
Posts: 1,404
He could have gotten something through his parents though.Like if they had student vias and he was their under/on their paper work.