Guest
08-06-2003, 07:11 PM
Hi,
two lenghty questions, but I wanted to provide all the details.
I am a Canadian citizen living in Canada, and need to go to US for
training, but have two issues that may affect my admissibility.
First, I had a drunk driving conviction in 1995. It was prosecuted as
a summary case (misdaemanor), and I received a fine and a one-year
license suspension. I know that general rule says that criminal
record is grounds for inadmissibility, but I have done a lot of
reading on the web which says that since a "simple" (in the sense that
there were no aggravating factors, like injury, etc.; I am not trying
to say that this is not a serious conviction) DUI is not considered a
"crime of violence" and is not a "crime of moral turpitude", this is
not grounds for refusal of admission. I alse read that DUI can be
used by INS as evidence of alcoholism, which is grounds for
inadmissibility, but I hope that in such a case I can convince them
tham my finishing university and having a successful career with no
other alcohol-related problems, proves that I am not an alcoholic.
Could anyone knowledgeable let me know if my findings that this should
not be a problem is correct?
Second problem concerns a past admission refusal. Back in 1999, when
I was not a Canadian citizen yet, I was coming back from a trip to
Rocky Mountains in a car. We decided that it would be fun to drive
back through US, as Canadian prairies can be boring after seeing it
once. When we approached the border, the officer found out that my
border crossing card had expired in June of that year. I forgot to
check - honestly, I though it was valid until next year. The officer
talked to us for a while, searched the car, and told us to drive back
and advised us not to try another crossing, because he made an entry
in the computer system. I did not think about this much until now,
when on the web I run across "expedited removal" and its consequences.
Apparently, "expedited removal" carries a 5-year bar on entering US.
My question is - is every refusal of admission an "expedited removal"?
I do not recall receiving any paperwork, and I read that "expedited
removal" consists of signing bunch of statements and getting a copy of
the removal order.
Does every refusal of entry carry along with it a 5-year ban?
Could anyone with experience with any of the two areas help me?
Does a "non-aggravated" DUI make one inadmissible?
Does a "regular" refusal of entry on a Canda-US border carry the
5-year ban on reentry?
Please help me
Thanks in advance
malyjozek
two lenghty questions, but I wanted to provide all the details.
I am a Canadian citizen living in Canada, and need to go to US for
training, but have two issues that may affect my admissibility.
First, I had a drunk driving conviction in 1995. It was prosecuted as
a summary case (misdaemanor), and I received a fine and a one-year
license suspension. I know that general rule says that criminal
record is grounds for inadmissibility, but I have done a lot of
reading on the web which says that since a "simple" (in the sense that
there were no aggravating factors, like injury, etc.; I am not trying
to say that this is not a serious conviction) DUI is not considered a
"crime of violence" and is not a "crime of moral turpitude", this is
not grounds for refusal of admission. I alse read that DUI can be
used by INS as evidence of alcoholism, which is grounds for
inadmissibility, but I hope that in such a case I can convince them
tham my finishing university and having a successful career with no
other alcohol-related problems, proves that I am not an alcoholic.
Could anyone knowledgeable let me know if my findings that this should
not be a problem is correct?
Second problem concerns a past admission refusal. Back in 1999, when
I was not a Canadian citizen yet, I was coming back from a trip to
Rocky Mountains in a car. We decided that it would be fun to drive
back through US, as Canadian prairies can be boring after seeing it
once. When we approached the border, the officer found out that my
border crossing card had expired in June of that year. I forgot to
check - honestly, I though it was valid until next year. The officer
talked to us for a while, searched the car, and told us to drive back
and advised us not to try another crossing, because he made an entry
in the computer system. I did not think about this much until now,
when on the web I run across "expedited removal" and its consequences.
Apparently, "expedited removal" carries a 5-year bar on entering US.
My question is - is every refusal of admission an "expedited removal"?
I do not recall receiving any paperwork, and I read that "expedited
removal" consists of signing bunch of statements and getting a copy of
the removal order.
Does every refusal of entry carry along with it a 5-year ban?
Could anyone with experience with any of the two areas help me?
Does a "non-aggravated" DUI make one inadmissible?
Does a "regular" refusal of entry on a Canda-US border carry the
5-year ban on reentry?
Please help me
Thanks in advance
malyjozek
