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What can I do to recall my warrant if I'm out of the country? (was a F-1 VISA with DUI and immigration matters)
Anonymous2 views7 answers
So I was an international student when I had my DUI 7 years ago during my OPT. I got laid off and by law I have 60 days to pack my bags and go home before I became out of status. I couldn't finished my obligation and had to leave the US. When I was back to my country I realized a warrant was issued for my arrest. I now hired a DUI attorney to try to pull that warrant down so that I can go back to the States and finish my obligations but the court rejected. Is there any way that I can prove to the court that I was not escaping but I was forced to leave, so that I could get a VISA back to the US and finish whatever I need to be done? I couldn't find anyone who can help me in both DUI and immigration, can anyone help me to fix this?
Michael Stephen PittmanDUI / DWI AttorneySurprise, AZ ·
My best advice is that you seek a criminal attorney who is also familiar with immigration. I know that some attorneys offer a free consultation. Contact one by phone or email ASAP. Be as proactive as possible and that way they an minimize the damage and put you on the best position possible.
Start by retaining a criminal defense attorney who practices in the city/county where the warrant exists. Clear the warrant and resolve that DUI case and then go from there with an immigration attorney.
With your facts you should have good luck with an experienced local DUI attorney. They should be able to go into court with your documentation and get the warrant recalled and get the case back on track. Use .com as a tool to find a few attorneys and then start to call or e-mail. Find the right attorney for you and good luck with your case.
When you were admitted into the United States for the nonimmigrant visa you're supposed to be on your best behavior. This will have to be reported if you apply for a visa. You will need to get the warrant quashed in order to have 'any hope' to return. A lie/misrepresention, that includes an omission of facts, can result in an indefinite visa ban.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney who will take enough time to discuss this matter to your satisfaction. You may want to pay for this sort of service, since it may take time to explain to your satisfaction. This may only require an appointment or teleconference where you have been given questionable information. Good luck.
Kevin Trent KayLandlord / Tenant LawyerPanorama City, CA ·
We need more details as to why "the court rejected." If an attorney already failed to get the warrant recalled, then we need to know why. Which court was it is? What were the reasons given for refusing to lift the warrant? Was this a reputable lawyer, did they giver you proof they actually went?
I am skeptical that a Pasadena criminal court would not give you the opportunity to recall the warrant.
Brian Russell MichaelsCriminal Defense AttorneyLos Angeles, CA ·
You indicated that you hired an attorney to deal with this. If you have an attorney why do you need to ask us? If you are not satisfied with your current lawyer call around. If you need additional assistance many of us on offer free consults.
