Asked in Criminal Law, Federal Crimes and Immigration Law for California

Q: Can I travel to US while under criminal investigation in US as a non immigrant on H1B visa?

I got to know that I am under criminal investigation in USA. Investigation started while I was outside the USA and traveling in a different country . If I travel now, will there be an arrest at port of entry?

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: i am not an immigration lawyer and would suggest you contact a local immigration lawyer for guidance.

from a criminal standpoint, if there is a decision to file, it will be filed as a bench warrant. Thus, when anyone checks they will see it and you will be arrested.

Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: If you are under investigation, you ought to have hired a criminal attorney. If there is an investigation or warrant, you will be treated as an arriving alien by CBP. This means that you can be subject to mandatory detention without the right to bond.

You may be detained and/or questioned without the right to an attorney at a port of entry. Anything that is discovered incidental to your request for admission in H1b may be used against you.

Why would you depart the U.S. until you were cleared of any wrongdoing? Well, you did. I strongly recommend an appointment/teleconference with both criminal defense and immigration attorneys before there are any other complications.

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