Warrant

[Legend1]

What is the name of your state? Florida.

I was LPR and got into altercation with a customer at business place, first he was abusing customer and I politely asked him to behave insted of behaving he start abusing me, I refuse to serve him and told him to get out from shop, he pushes display items on counter while he was leaving from the place. As soon he left out I heared a sound like breaking front display glass for my safety I went out with my gun and saw that abuser customer leaving from parking lot. Unfortunately in frustration gun went off and later Police arrived at my place and I found bullet hit his car tyre. I was arrested and next day bail out. As a result I was charged with aggravted assult shooting on occupied vehicle. Before few days of trial I left USA for family emergency and my family didn't allow me to return to face trial because they fear may be lose case and get convicted.



Now I want to come back Florida to fight my 16 years old pending case, my family immigrant visa approved and we have to submit our papers to NVC for consular processing. I need legal expert advice what steps do I have to take to come USA without causing any problem on our immigrant visa. I have never had any problem with the law.

Can I release on Bail after arriving in case I am arrested?

 

[quincy]

You were a legal permanent resident but you have been out of the country for 16 years after being charged with crimes in Florida.

The time you have been out of the U.S. and the fact that you fled prosecution has no doubt lost you your permanent residency status and, no doubt, will affect your family's chances of coming to the U.S.

You will need to seek out assistance from an immigration attorney in your country.

 

[Legend1]

Yes I've lost my LPR, My spouse immigrant visa approved, my name and kids name also mention in approved letter. I don't think it's going to effect on my family visa because they not involed in any problem.

 

[quincy]

The approval is good. I still suggest you consult with an immigration attorney in your country. You will want help lining up a defense attorney in Florida.

 

[Legend1]

The approval is good. I still suggest you consult with an immigration attorney in your country. You will want help lining up a defense attorney in Florida.

Thanks.

 

[quincy]

Thanks.

You're welcome, Legend1. I appreciate the thanks.

I hope all goes smoothly for you and your family. Good luck.

 

[Legend1]

Thanks, Hope for best.

 

[quincy]

Thanks, Hope for best.

Will do.

 

[Eekamouse]

You're welcome, Legend1. I appreciate the thanks.

I hope all goes smoothly for you and your family. Good luck.

I don't. I don't think it's a good idea letting this guy back into the US. Look at what he did.

 

[quincy]

I don't. I don't think it's a good idea letting this guy back into the US. Look at what he did.

He should not have fired a weapon and he should not have fled the country after charges were filed against him. I agree.

 

[NeilTheCop]

It is reasonable to assume that there is at least one warrant for your arrest, that of failing to appear as Florida makes your offense a 2nd degree felony. Florida Statutes Section 790.19 .
You admit, and forget the accidental part, that you shot at the driver of a car after an argument where the antagonist was not armed.
I would keep away from the US because even if you managed to get a visa you would be greeted at the airport with handcuffs. But this time there would be no bail because you absconded once in the past and you are likely to do it again.
We have more than enough felons here already, we have no need to import more.

 

[quincy]

It is reasonable to assume that there is at least one warrant for your arrest, that of failing to appear as Florida makes your offense a 2nd degree felony. Florida Statutes Section 790.19 .
You admit, and forget the accidental part, that you shot at the driver of a car after an argument where the antagonist was not armed.
I would keep away from the US because even if you managed to get a visa you would be greeted at the airport with handcuffs. But this time there would be no bail because you absconded once in the past and you are likely to do it again.
We have more than enough felons here already, we have no need to import more.

Legend1 seems to be aware that he can be arrested when he returns to the U.S. He will want an attorney available if/when he arrives in the U.S.

It appears he now wants to address the charges that were filed against him 16 years ago. He should know in advance what that means - including the possibility of jail time - hence the recommendation to consult with an attorney now, before leaving his country.

I don't know the wisdom of his leaving his country to face charges in the U.S. I suppose it depends a lot on the conditions in his home country and the reasons his family want to relocate in the U.S. Jail time in the U.S. could be preferable.

 

[NeilTheCop]

Checking the DS-160 what will he put in the 'purpose of trip to the US' box, as there is no "16 years ago I shot at a car driver than ran away so I wouldn't go to jail, now I want to go back to face the music and hope they let me stay after the case is over".

 

[quincy]

Checking the DS-160 what will he put in the 'purpose of trip to the US' box, as there is no "16 years ago I shot at a car driver than ran away so I wouldn't go to jail, now I want to go back to face the music and hope they let me stay after the case is over".

There is no box for that?

Legend1 will want to consult with an immigration attorney in his country.

 

[not2cleverRed]

What is the name of your state? Florida.

I was LPR and got into altercation with a customer at business place, first he was abusing customer and I politely asked him to behave insted of behaving he start abusing me, I refuse to serve him and told him to get out from shop, he pushes display items on counter while he was leaving from the place. As soon he left out I heared a sound like breaking front display glass for my safety I went out with my gun and saw that abuser customer leaving from parking lot. Unfortunately in frustration gun went off and later Police arrived at my place and I found bullet hit his car tyre. I was arrested and next day bail out. As a result I was charged with aggravted assult shooting on occupied vehicle. Before few days of trial I left USA for family emergency and my family didn't allow me to return to face trial because they fear may be lose case and get convicted.



Now I want to come back Florida to fight my 16 years old pending case, my family immigrant visa approved and we have to submit our papers to NVC for consular processing. I need legal expert advice what steps do I have to take to come USA without causing any problem on our immigrant visa. I have never had any problem with the law.

Can I release on Bail after arriving in case I am arrested?

That was stupid. It's not like you were facing the death penalty.

So now, in addition to the original charge(s), you have a failure to appear. Fleeing the country will affect your ability to get bail, because by already fleeing, any reasonable person would conclude that you are a flight risk.

My advice: start looking for a Florida lawyer. Preferably one specializing in criminal defense, at a practice that also specializes in immigration law.