Q: I am a non-US citizen with a bench warrant from Mass. If a court vacates my warrant, can I get through US customs?
A lawyer said they would file a motion to dismiss the warrant and set a new court date and that I had a very good chance of getting the warrant dismissed. Once the warrant was dismissed, could I fly into the US to attend my court date? Or do I risk being stopped by US customs and sent back to my country? The charges are misdemeanors, and one (ABPO) could have potential moral turpitude implications.
A:
If your warrant is vacated, it significantly improves your chances of entering the US. However, entry is not guaranteed. Even with the warrant dismissed, US customs can still conduct their own review and may take your past charges into consideration.
When traveling to the US, bring all necessary documentation proving the warrant has been vacated and that you have a new court date. This could help demonstrate your commitment to resolving your legal matters. Be prepared to explain your situation clearly and truthfully to customs officials.
Despite these preparations, there's always a risk that customs might still deny entry due to your past legal issues, especially if the charges involve moral turpitude. Consulting with your lawyer about the best approach and having a backup plan can be prudent in such situations.
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