i am 19 and attending university in US as international student. last march, i was arrested for possission of marijuana and prarphernalia. Because this is my first time, I received conditional discharge with one year probation. And the judge granded me Suspension of Procedings by court order.Under this cercumstance, if I leave US to visit my home country, will i be able to re-enter again? I'm currently registerd with school. And have been a good student. I was in the wrong place at the wrong time. And i was so sorry.please advise. Tahnk you.
State/Country relating to question: New Jersey
my lawyer is going to try to talk to my probation officer to have early termination of my perbation in order for me to have a clean record. Hopefully when i crossing the boarder later, there's no charges pending?
Would there be a charge pending even if the court order is suspension of proceding?
The case has to be dismissed, nolle pros, or charges dropped. If it is anything other than a those, such as a Withhold of Adjudication, then you are deportable from the U.S. and will be deported. If you leave, they will not let you back in. So you really need to have a criminal law attorney that also knows Immigration law in order to fashion the correct plea agreement so that you would not have consequences later. At the very least you should hire an immigration attorney to speak to your criminal law attorney to help them understand what needs to be done. You can look for one at www.ailalawyer.com.
If you can get it dismissed, you are still going to have to carry with you certified copies of the police report and the court disposition (how the case ended) so that you can prove everything when you travel and try to come back into the U.S.
10+ years of experience in various aspects of U.S. Immigration Law.
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