A common and important question we hear from prospective travelers is:
“Can I enter the United States if I have a pending criminal case?”
The answer isn’t always straightforward. While a conviction is often the most serious immigration issue, even a pending criminal case — where no verdict has been reached yet — can raise red flags for U.S. immigration officers. In some situations, it can result in refusal of entry or worse.
If you’re facing this situation, here’s what you need to know before making travel plans.
A Pending Case Doesn’t Automatically Bar You — But It Can Still Cause Problems
U.S. immigration law doesn’t always require a conviction to deny entry. Customs and Border Protection (CBP) officers at the port of entry have discretion to refuse admission if they believe the case may affect admissibility, especially if:
- The offense is serious (e.g., involving violence, drugs, or fraud)
- There is a risk of flight
- The case suggests moral turpitude or security concerns
So while there may not be an automatic bar, a pending criminal matter can trigger additional scrutiny or refusal at the border.
Officers Can Deny Entry Based on Discretion — Even Without a Conviction
Even without a final court outcome, CBP officers have broad authority to assess admissibility. If they view the pending charges as serious or unresolved, they may:
- Deny your admission
- Offer the chance to withdraw your application for admission voluntarily
- In more serious cases, issue an expedited removal order
Each of these has long-term consequences for future immigration plans, including possible reentry bans.
Immigration and Criminal Attorneys Must Work Together
If you’re involved in a pending criminal matter and plan to travel, it’s crucial to:
- Coordinate with both your criminal defense attorney and an immigration attorney
- Understand the immigration consequences of your criminal case
- Get legal advice before traveling internationally
The timing, type of charges, and travel plans all need to be reviewed carefully.
U.S. or Foreign Criminal Case? It Matters.
Whether your pending case is in the U.S. or abroad can also affect your situation:
- If the case is in the U.S.: Your criminal attorney may advise against international travel altogether until the matter is resolved.
- If the case is outside the U.S.: You may still be allowed to travel, but entry is not guaranteed, especially if the U.S. views the offense as serious.
General Rule: Postpone Travel If You Can
Given today’s strict enforcement environment, the safest approach for individuals with criminal history or pending cases is to avoid non-essential travel. Delaying your trip until your case is resolved could help you avoid a denied entry or future complications.
Final Thoughts
Navigating U.S. immigration law is challenging enough — adding a pending criminal case makes it even more complex. At NPZ Law Group, we routinely work with clients who have overlapping immigration and criminal issues, collaborating with criminal defense attorneys to help protect your ability to travel, adjust status, or pursue long-term immigration goals.
If you or someone you know is facing a pending criminal case and needs immigration advice, contact our team today.
FAQs
Q: Can I be denied entry to the U.S. even without a criminal conviction?
A: Yes. Immigration officers can use discretion to deny entry if a pending case raises concerns.
Q: Will I be deported if I try to enter with a pending case?
A: It depends. In some cases, you may be allowed to withdraw your application for admission. In others, you could face expedited removal.
Q: Should I travel while my case is pending?
A: It’s not recommended. Always consult both your criminal attorney and immigration lawyer before making travel plans.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.