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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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My boyfriend is us citizen. We actually wanted to get married,

Customer Question

My boyfriend is us citizen. We actually wanted to get married, but i am German and i juyst got an estavisa. Last time, when i wanted to fly back to the us, i cwas sent back to Germany, because i was judged for trying to get a permanent residence. I will not be allowed to go back to the us on an estavis ever again. Niw my biyfriend is trying to get a passport and to come to Germany. But he missed 3 court appointments in North Carolina. Although he lives in Tennessee now, ciuld it be tgat hius request for a passport will be denied? No matter where he applies for a passport?
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.
HelloThis is Samuel
Expert:  Sam replied 2 years ago.
And I will discuss this and provide you information in this regardIf he is on a bond while awaiting trial, his passport could be flagged, it depends on what the bonds company requested.
Expert:  Sam replied 2 years ago.
IF he is convicted it will depend on what type of sentence he receives as to whether they will not allow him to leave the country and possibly his state until his sentence is complete should he get probation instead of jail time.
Customer: replied 2 years ago.
yes he is on 2 bonds in north carolina. would it help if he applies for a passport in tennessee, where he lives now? in tennessee he doesnt have a criminal record.....or could there happen the same? means that his application will be declined..
Customer: replied 2 years ago.
and he also wants to get divorced. he was married in north carolina as well. does he have go back to nc to get divorced or can he do this at any court in tennessee as well? and if he has to go to the court to get divorced, could he also get in troubles because of his bonds or is that a different thing?
Expert:  Sam replied 2 years ago.
HelloI suggest that if he is not convicted he can make application for the passport. However, once it is issued he is subject to the terms of his bond while awaiting trial and he would need to get Court permission to leave the country.Please NOTE that I can only provide informational answers to what you askTherefore, if you have other questions or need clarification in this regard, please let me know. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time and information.Thank you
Customer: replied 2 years ago.
what means convicted?
Expert:  Sam replied 2 years ago.
HelloYou say he has pending trials for criminal offenses. And so he needs to go to court on those. And he could get convicted of the crimes.
Customer: replied 2 years ago.
would it make a difference, if he applies for a passport in tennessee? because all these happened in north carolina
Expert:  Sam replied 2 years ago.
HelloHe can get a passport anywhere. It makes no difference.
Expert:  Sam replied 2 years ago.
The problem is he is on bond for crimes. And he has already missed court dates. And so if he does not appear again, he could go to jail for a long time.
Customer: replied 2 years ago.
i know, that he can get a passport anywhere...i just meant if it makes a different concerning his bonds and criminal records...
would he have a better chance to apply for a passport in tennesse and not in north carolina, because these bonds are concerning north carolina....he doesnt have a criminal record in tennessee at all...
Expert:  Sam replied 2 years ago.
I see. Thanks for the clarification. It will not make a difference. If he is prohibited, he will be in a database and it does not matter from what state
Customer: replied 2 years ago.
and therefore he doesnt want to go back to norht carolina, because then he would go to jail.
but i thought one state doesnt sent people to the other state....?
Customer: replied 2 years ago.
means tennessee has no interest to send him back to nc as long as he doesnt get involved in crimes in tennessee..or could he also be arrested in tennesse, for his bond crimes in north carolina?
Expert:  Sam replied 2 years ago.
I see.That is not correct. If he is wanted, it is in a National Database. And if he is caught - because he is a fugitive from justice - he will be sent back to NC. So if he applies for the passport, it is possible he will get it, but then he would be flagged at point of departure and be arrested
Expert:  Sam replied 2 years ago.
Yes. He can be arrested in any state for those crimes. Yes.
Customer: replied 2 years ago.
maybe the usa is glad to get rid of him and they let them go....but what when he wants to come back to the usa? will he be allowed or maybe be sent back?
Expert:  Sam replied 2 years ago.
He could make it out but again he could be detained at Point of Entry back into the US.
Expert:  Sam replied 2 years ago.
The warrant is there. And it is always going to be active until it is served and he is arrested.
Customer: replied 2 years ago.
could he leave the usa with his id to canada and leave the country there and go to germany?
Customer: replied 2 years ago.
means over the canadian border?
Customer: replied 2 years ago.
or could he also be caught on the us-canadian border?
Expert:  Sam replied 2 years ago.
And if he is out on bond and he leaves and does not appear for the court and the bond company loses that money, they will come looking for him and they will find him and he will be again charged with a crimeThe canadian border will have access to any data bases. Now, whether they see it or not is not something I can predict.
Customer: replied 2 years ago.
is there any other possiblity ?
Expert:  Sam replied 2 years ago.
HelloHe can turn himself in and have the matters taken care of with the courts.
Expert:  Sam replied 2 years ago.
I don't know of any ways to leave the country without a risk of being arrested if there are warrants open
Expert:  Sam replied 2 years ago.
Please NOTE that I can only provide informational answers to what you askTherefore, if you have other questions or need clarification in this regard, please let me know. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time and information.Thank you