Allowed to leave FL temporarily during pending felony charges but HS denied entry back in to the USA.

Very difficult situation. It's ironic that the court has allowed him to depart, but DHS will not let him in. He should show his court documents to show that he is legally obligated to return.

If your case is pending there is not a determination of guilt so you are not deemed inadmissible yet so there is no restriction on Department of Homeland Security. If found guilty or even with a withold of adjudication a drug charge would deem you inadmissible in most cases. Do not miss a hearing date as you will automatically have an arrest warrant on your name that will show on DHS at port of entry. Otherwise you can travel if your current visa allows you to return. However, if you need to reapply for a visa to seek entry you will most likely not get a visa as the standard for issueance of a non-immigrant visa is discretionary and an arrest on its own even pending court determination would create a situation where the consular officer may deny the visa application because he would deem you inadmissible. They do not know very well the standard of inadmisibility for pending charges and could try to be cautious. There is no appeal for a consular denial. Of you don't need a new visa you should have a copy of the court docket of your criminal case stamped by the clerk of court attesting that the case is still open. Have that ready if asked at port of entry. Best of Luck! Daniel Lenghea

He can apply to be paroled into the United States.