Gaithersburg, MD asked in Immigration Law for Maryland

Q: If a green card holder never got convicted of a crime but has a case put on the stet docket,

can that have an effect when they are leaving the US for vacation and when they come back will there be implications at the airport?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: No, a stet has no impact on re-entry to the US or other immigration consequences. A stet disposition is not a conviction for immigration purposes because there is no conviction and no guilty finding or admission of guilt. A stet is an indefinite discontinuation of prosecution of the charge, effectively a decision not to go forward further while reserving the right to reinstate the case for prosecution for any reason during the first year of the stet docket, but after one year, good cause must be shown to the satisfaction of the judge to allow the case to proceed. After three years has passed since the case was placed on the stet docket, you are eligible to have this case expunged, and the case may not be reinstated.

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