Paul86

I posted a while back about my own situation. Have an outstanding warrant for a class A misdemeanor and a second warrant for bail jumping in New York. My gf has gone back to the US and I wanted to get this sorted out so I would be able to visit her and not have this causing problems with whatever we want to do in the future.

I got a lawyer over there and he has been dealing with the situation. They are going to drop the bail jumping charge and let me self surrender in relation to the other charge and are recommending 30-90 days jail on the main charge but my lawyer says they will look sympathetically on the sentence given the circumstances. I have got no guarantee on anything after that until this is all taken care off.

For me I want to get this matter cleared up and and move on so am planning on going back. Just wondering if anybody on here knows anything much about jail over there as that is very much on my mind? Also is there any possibility that with a recommendation of 30-90 days I could end up with no jail time if the judge does look at things sympathetically?

Has anybody ever self surrendered on arrival and know what to realistically expect?

Thanks

penguinsix

What visa are you entering the US with?

MsElui

iirc from the previous post - this would be an entry on the vwp purely to deal with the law issues from his past.

Jakester

I wouldnt put much stock in any guarentees , they'll tell you about anything to get the handcuffs on you , after that its shut up and do what your told.
I doubt if they look kindly on bail jumping.

BritishGuy36

In your situation I wouldn't be going anywhere near a US POE.

Rete

Commendable attitude, Paul. Would I do what you are planning on doing? Most probably not. If I remember correctly, your offense was minor and if you had stayed in the US and went to court, you probably were looking at suspended sentence and/or community service.

As for jail, lots depend on the type of jail you are placed in (local, state). I know of only one person who has served time in prison and that was in Riker's Island, NY for manslaughter and it was not a good place to be.

Sorry I can't be of much help but wish you luck.

scrubbedexpat091

60-90 days would be in the local jail most likely and not an actual prison, and would likely be even less then the sentence since many jails are over crowded and they release people early. (Will vary jail to jail.)

penguinsix

Is that even allowed? I'm not sure if VWP asks about priors or not (he may have a conviction against him by default).

Another concern (besides getting into the country) would be if the judge doubled the sentence to 180 days and he ended up in an overstay situation.

Also, won't he have to get a visa for future visits with a conviction? No more VWP?

As for jail vs. prison, the general rule is 12 months or less--you go to the county jail. Over a year, you're off to the state prison. Jails are generally holding areas for people with trials coming up, so yes, you can end up with some sketchy murderers, rapists, etc. You might get segregated into an area that is non-violent or not pending trial though--depends entirely on the state.

Do you know what county the court / jail would be?

Mummy in the foothills

Me too.
Once you have a US record don't they refuse you a visa to enter anyway? I don't see the point in coming as once you leave (after serving time) they won't want to let you back in again. Maybe you and your US lady should just settle in UK.

MsElui

If he ever wants a 'chance' at coming to the US in the future - he has to deal with the outstanding situation somehow. He has taken the advice given last time - to seek a lawyer and get them to look into it etc. What else can he do if he wants to 'try' again in the future? He knows there are no guarantees except that if he doesnt try to sort it out he's pretty much guaranteed that he wont ever be coming to the states again.

Bob

He probably wants advice from a decent immigration lawyer too...

kiriyama

As others have stated, you will likely not receive a warm welcoming despite reassurances to/from your lawyer. After that, your chances of being allowed a visa to live in the USA long term are slim to none.

What exactly was the Class A Misdemenour?

Jerseygirl

Just pray you don't get sent to Sing Sing or Northern State Prison in NJ and take a good supply of soap on a rope.

dbj1000

Holy shit! I certainly wouldn't do what you're planning, not in a million years. I didn't follow your previous thread, but basically nothing, no girlfriend, no lifelong dream to live in America, would get me to surrender myself to jail time in another country for a petty offense.

What's more, I can't imagine that serving your time will do a damn thing to help you ever enter the US again. If you get 90 days you'll overstay your VWP (after all, you won't go straight to jail, will you?) and then you'll have an overstay plus a previous conviction and hey presto, you'll be banned from using the VWP, and most likely will never be granted a visa.

So, the way I see this working, you'll hand yourself in and go to jail, possibly risking your life while locked up, only to be deported and not allowed to return again. Why do it? A sense of honor and moral fortitude?

Giantaxe

Yeh, if the idea is to live in the US at some point after this, I sure would want something in writing that that is going to be possible. With a prison sentence on the record, I would suspect you may be ineligible.