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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106309
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm a foreigner and visited USA in 2010, and we were caught

Customer Question

Hi, I'm a foreigner and visited USA in 2010, and we were caught because of shoplifting. The shop called police and we got notice to appear in court. But we had to leave usa because we had return tickets and we sent letter to the court to reschedule date earlier. But they scheduled it even later than it was.
So now 5 years later I want to go to USA with my partner. And I don't know should I mention this in visa application form and can I be arrested at customs?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Yes, you must mention it and yes, there could be an warrant for your arrest that would cause you to be arrested at the Port of Entry. What you should do is hire an attorney where the warrant was issued and ask them to motion the court to set aside the warrant and reschedule the case. Once the court has done that, then you would be able to enter the U.S. and not be arrested (if your visa is approved) and be able to handle the case in the U.S. Since you technically have not been convicted, you aren't technically considered inadmissible, so you could still get an approval of the visa.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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