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How does probation works for a non-citizen returning to usa?

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  • How does probation works for a non-citizen returning to usa?

    Hello All, My friend has been given 3 years probation. Since his work visa was ending , judge sentence him that if he is out of US, his probation is suspended and if he returns back he has to serve his probation. He was sentenced in Atlanta, GA If he returns back to US (for work ) in any city other than Atlanta, how his probation will work? As per his PO advise, he has to visit Atlanta office immediately and his PO will initiate transfer process Couple of Questions here.
    (a). Does this mean that he has to land in Atlanta if he is coming back to US or he can go to any other city and then visit Atlanta? (b). Until the transfer process is completed, can he go back to his work state (for e.g. California) and start working there until his transfer is approved? (c). I also read online that if we pay complete restitution of probation, early discharge of probation is possible. Is that true? He can pay full amount of probation.
    Couple of Points
    (a). He has been given Probation under Georgia's First Offender Act.
    (b). He has taken written permission to leave the country from his P.O.
    (c). He has given one drug test after the Probation Orientation and he didn't test positive.
    (d). There are no other special conditions in his probation sentencing such as Community Service or DNA registration etc.
    (e). He has paid full court fees (around $1500) before leaving USA
    (f). He is not a Sex offender

  • #2
    He will most definitely want to return to Atlanta to get all of his probation matters situated. In most cases he will need to have unsupervised probation so that he is not having to report to a p.o. on a regular basis but still maintain and complete the other requirements of his probation. This will allow him the ability to go to California to work his job. He will of course want to inform his p.o. of his intentions while on an unsupervised probation as well if this is granted.

    Upon his coming back to the states he doesn't have to land in Atlanta although it may be best for him to report to his p.o. immediately as the longer he delays going to report the less likely the p.o. is to going to allow him to have his probation transferred. He will typically have to wait until the transfer is approved in order to leave (unless he p.o. states otherwise) .

    Simply paying restitution is not a warrant for early release of probation, there are more factors that come into play such as good behavior and the p.o. seeing that the individual has actually made a change. This rarely happens though in very select cases and depends a lot on what the individual did in order to be placed on probation.

    If he is not placed on unsupervised probation then he will just have a different individual that he is reporting to and will be at their mercy. He will need to make sure that he does not get in trouble or have any problems or give any reason to an officer to violate him while on probation.

    This is not legal advice. Use at your own risk.

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