Asked in Criminal Law and Immigration Law for New York

Q: How to come back to USA?

Hello,

Many years ago I fled USA while on bail with felony charges. I still have a valid us passport. After many years quietly living on another side of globe I was told that my felony case was disposed and all my property was given to my relatives and I’m dead to anyone. Thats why my case was disposed. I want to fly back but here is the deal. I think customs officer will be very curious how come someone who is dead appeared on the border. Let’s pretend they won't be concern about lifted warrant or disposed case but they might as well notify DA. Will I be denied entry ? Because I’m dead and my passport is probably be considered invalid with my us birth certificate?

Related Topics:
1 Lawyer Answer

A: The information above is vague, but you can no longer pretend if you want to return to the U.S. Hasn't your passport expired? Why was the felony case "disposed?" Did your family present a death certificate to your attorney, who presented it to the prosecutors? Did they present the certified death certificate to Federal prosecutors? Did they misrepresent your physical state as that of being deceased? If so, you no longer exist until you admit that you are someone and prove it.

If there were insurance policies that were collected as a result of a faked death, then that is another issue. Again, you cannot pretend any more.

You need to schedule an appointment with both criminal and immigration attorneys, who are competent and experienced enough to know what advice to provide you. You and the attorneys will have to review what, if any, other crimes were committed. Also, whether or when a statute of limitations for those possible offenses ended.

This seems complicated and unfortunate. The above is general information, not legal advice and does not create an attorney client relationship.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.