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Can I go back to the United states with a criminal record?

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  • Can I go back to the United states with a criminal record?

    When I was 17(current age 24) I was charged with 6 felonies for minor distribution of drugs.
    I was very childish at the time and realized my mistakes long ago.

    When I was first charged, my parents decided to pull me out of the United States, out of fear of me going to jail. However, in 2008 I went back and faced my trial the way I should have years ago. I plead guilty, but no sentence was given because the judge had seen change in me, since I volunteered to the Army and led a humble and honest life in Korea.

    Though I had no sentence in the state, the judge however, did say that she wouldn't know what would happen to me in immigration's. I was a permanent resident at the time, so I had a green card. When I never had a immigration's trial, and when I came back to Korea I gave up my permanent residency status.

    Now my question is this. If I were to apply for a visa to visit the United States, would there be a ban on my entrance? If so, is there a waiting period for me to be eligible to re-enter?

    I grew up in America, and all my family and friends are living in the U.S. I would like to meet them just one more time, even if it's only for a short period. I know what I did was awfully wrong and I regret my actions, but I'm just wondering if there is a chance of me every visiting.

  • #2
    Re: Can I go back to the United states with a criminal record?

    We have no idea what charges you have been convicted of. However, with a drug history, you have little likelyhood of getting a visa.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

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    • #3
      Re: Can I go back to the United states with a criminal record?

      I was charged with 3 distribution and 3 possession charges of a controlled substance. I never had a immigration trial, nor was I deported. I just came back to Korea and gave up my green card.

      If I wasn't formally deported, is there still records in the system?

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      • #4
        Re: Can I go back to the United states with a criminal record?

        Originally posted by leejay View Post
        When I was 17(current age 24) I was charged with 6 felonies for minor distribution of drugs.
        I was very childish at the time and realized my mistakes long ago.

        When I was first charged, my parents decided to pull me out of the United States, out of fear of me going to jail. However, in 2008 I went back and faced my trial the way I should have years ago. I plead guilty, but no sentence was given because the judge had seen change in me, since I volunteered to the Army and led a humble and honest life in Korea.

        Though I had no sentence in the state, the judge however, did say that she wouldn't know what would happen to me in immigration's. I was a permanent resident at the time, so I had a green card. When I never had a immigration's trial, and when I came back to Korea I gave up my permanent residency status.

        Now my question is this. If I were to apply for a visa to visit the United States, would there be a ban on my entrance? If so, is there a waiting period for me to be eligible to re-enter?

        I grew up in America, and all my family and friends are living in the U.S. I would like to meet them just one more time, even if it's only for a short period. I know what I did was awfully wrong and I regret my actions, but I'm just wondering if there is a chance of me every visiting.
        With a criminal history of drug felonies, your chance of getting approved for entry to the US is slim to none, with none being the more likely result. Immigrants with drug convictions are one of the most undesirable immigrant candidates, whether for temporary immigration or permanent residency, and USCIS turns down 99.9% of them for entry.

        Your ONLY possible chance for gaining entry is to apply for a hardship waiver, but you have said nothing to lead me to believe such a waiver is justified. Simply missing your family and friends after being away for so long, and living a "humble and honest life" aren't good enough.

        Bad choices have consequences. Yours may well be that you never get to come back to the US. If your friends and family miss you so much, I suggest that you'd be better served by having them come to Korea to visit with you instead.
        "If it ain't in writing, it never happened."
        "A lack of planning on your part does not constitute an emergency on my part."
        "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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        • #5
          Re: Can I go back to the United states with a criminal record?

          Thank you for your honest reply.

          I too knew the answer to my situation, but I was just in denial. I made a dumb and fatal mistake that will affect my life for the rest of my life. However, I have tried to make up for my past by living in Korea. I've done volunteer work for many years, enlisted in the army voluntarily, and most importantly came to my sense and made peace with my mistakes.

          Judge me the way you must and I apologize for my past and foolish mistakes.

          Thank you for your reply.

          Comment


          • #6
            Re: Can I go back to the United states with a criminal record?

            Contact the U.S. Department of Homeland Security well in advance of any plans to enter the country. The United States Department of Homeland Security has created applications and procedures allowing individuals to request a waiver of their ineligibility status. When properly prepared by the applicant and reviewed by U.S. Customs officials, international travelers with a criminal conviction might be granted temporary entrance to the United States. If you are inadmissible to the United States because of a criminal conviction, you should submit a statement in your own words, signed by you, explaining the circumstances of each arrest, conviction and sentence or fine imposed. Additionally you should submit any evidence or explanation of your reform or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service or any other information you wish to be considered and you believe strengthens your request.

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