Check out some similar questions!

McBarou · Apr 8, 2009, 10:48 AM

Hi,

I'm a mexican citizen with a valid student visa for Canada. While in holidays in Miami, Fl going on a cruise, I got busted by Customs and Border Patrol with drugs and I was handed over to county police. I enrolled in a Drug Court program with a not-guilty plea. The program will last 10 more months and case will be dismissed after completion.

Now, my US turist visa is about to expire, and since I have a life in Canada, I would like to go back. The Drug Court jugde will allow me to continue the program from Canada.

My questions are...

1.- Would the customs/immigration officer in Canada can have access to this events ? And if they do, would I still be allowed to enter Canada and continue my studies ?

2.- Would it be better to fly from Miami to Canada ? Or go Mexico and fly direct to Montreal ?

Thank you, I would really appreciate your help !

Lowtax4eva · Apr 9, 2009, 01:53 PM

Canada Customs will probably be able to see this if the conviction shows on your record now, you may want to check your US criminal record cause Canada will have access to this.

It doesn't matter if you fly or drive into Canada, the border agents will see the same information.

As for whether or not this is enough to have your visa revoked I cannot say however.

McBarou · Apr 9, 2009, 02:20 PM

Thanks a lot Lowtax4eva,

The only thing is that this is NOT a conviction. The disposition in my charges say "diversion drug program", and I should be traveling with a "travel pass" from the county judge.

Do you still think it shows even if there's no conviction ?

AlexUSA · Jul 20, 2009, 04:02 PM

Hey, how did it go for you?

McBarou · Jul 22, 2009, 04:01 AM

Well, luckly enough the pending charges did not pop up when the immigration officer swipe my passport. And the officer I got wasn't a sexually frustrated a**hole or b*tch (which are not that uncommun amongst the Canadian Border Services) so he didn't ask me tons of non-sense questions, and was actually pretty nice.

So I'm in Canada, back in school and hopefully by the time I need to renew my student and work visa the drug court program should be over and my case dismissed.

Thanks for asking.

AlexUSA · Jul 22, 2009, 11:07 PM

Originally Posted by McBarou

Well, luckly enough the pending charges did not pop up when the immigration officer swipe my passport. And the officer I got wasn't a sexually frustrated a**hole or b*tch (which are not that uncommun amongst the Canadian Border Services) so he didn't ask me tons of non-sense questions, and was actually pretty nice.

So I'm in Canada, back in school and hopefully by the time I need to renew my student and work visa the drug court program should be over and my case dismissed.

Thanks for asking.

Did you fly or drive? And how long ago did it happen? I know they introduced new regulations on June 1st.
I have the same situation - I have Canadian Student Visa but also felony conviction with suspended sentence.

McBarou · Jul 23, 2009, 05:13 AM

I flew from Miami, landed in Montreal-Trudeau and when I got to the customs/immigration agent (f**k I needed to breath so I didn't start shaking) everything went fine. I flew on May 25th.

Now, so, let me understand something you were found guilty but without sentence, so you WERE convicted... If you DO have a conviction, according to my canadian immigration lawyer, chances are higher that it will pop up.

I haven't been convicted and probably never will, when I finish the drug court program in March, my case will be dismissed and charges withdrawn.

I only had "pending charges" when entering the country.

No idea about these new June 1st regulations you mentionned

AlexUSA · Jul 23, 2009, 07:42 AM

Originally Posted by McBarou

I flew from Miami, landed in Montreal-Trudeau and when I got to the customs/immigration agent (f**k I needed to breath so I didn't start shaking) everything went fine. I flew on May 25th.

Now, so, let me understand something you were found guilty but without sentence, so you WERE convicted .... If you DO have a conviction, according to my canadian immigration lawyer, chances are higher that it will pop up.

I haven't been convicted and probably never will, when I finish the drug court program in March, my case will be dismissed and charges withdrawn.

I only had "pending charges" when entering the country.

No idea about these new June 1st regulations you mentionned

Hi,
I took a plea agreement with a prosecutor (my lawyer advised me on that). I don't know how exactly they check your record? What if the spelling of the last name in the passport is slightly different from one in the US system? Right not I don't know if I should fly or drive. I know that customs in either choice will have access to the same database. However, I've heard that when you drive sometimes they don't check it.

McBarou · Jul 23, 2009, 07:53 AM

The fact that you have a student visa makes you less susceptible to be double checked...

Once I drove from Buffalo to Niagara Falls with one canadian citizen and one portuguese citizen with us green card and they didn't check... only saw passports and visas and let us go. Other times I had to come out of the car and have everythig checked up... so.. I mean, is pure luck...

I hope you are aware that you won't be able to extend your student visa or apply for PR in Canada... a conviction in the US makes you inadmissible for 5 years in Canada ( Canadians love to suck American )...

Anyway, my lawyer told me that in case I would be stopped at the border, I could be granted a Temporary Resident Visa from 1 to 6 months just to be able to get into the country and get my stuff out ( end the lease of my appt, sell my stuff, etc)... I mean, since the US won't take you back, the only thing they can do is deport you.. I don't see them holding you at the border...

What kind of felony were you convicted for if you don't mind me asking... and which country's passport do you hold ?

AlexUSA · Jul 23, 2009, 08:07 AM

Originally Posted by McBarou

The fact that you have a student visa makes you less susceptible to be double checked...

Once I drove from Buffalo to Niagara Falls with one canadian citizen and one portuguese citizen with us green card and they didn't check... only saw passports and visas and let us go. Other times I had to come out of the car and have everythig checked up ... so .. I mean, is pure luck ...

I hope you are aware that you won't be able to extend your student visa or apply for PR in Canada... a conviction in the US makes you inadmissible for 5 years in Canada ( Canadians love to suck American ) ...

Anyway, my lawyer told me that in case I would be stopped at the border, I could be granted a Temporary Resident Visa from 1 to 6 months just to be able to get into the country and get my stuff out ( end the lease of my appt, sell my stuff, etc) ... I mean, since the US won't take you back, the only thing they can do is deport you.. I don't see them holding you at the border...

What kind of felony were you convicted for if you don't mind me asking ... and which country's passport do you hold ?

I'm a russian citizen. It's a drug - marijuana related charge (basically, my american friend set me up and I got involved without the knowledge. However, americans hate russians (or probably every non-american). They always assume that russians are involved with mafia, etc.. So I had no chance for a fair trial. You should have seen what they wrote in the police report. Like I'm some sort of an international drug kingpin.
The funny part is that I've never even used drugs in my life.).

Anyway, as I said I have slightly different spelling in the last name. I hope it might offset the criminal check. The only question is about fingerprints. As far as I can tell, they don't take them at the border. Do they?

McBarou · Jul 23, 2009, 09:20 AM

Not on the Canadian side, they don't take them.

I had a bunch of stuff, I was going on a party cruise for 8 days... it was my graduation gift from my partner but anyway... I do liked to take drugs (now I can't) but living in Montreal... c'mon ! Everyone's high in this town !

IF it's ONLY marihuana... and it's POSSESSION UNDER 25 grams, in Canada that's not a felony, hence, you shouldn't have problems even if you were convicted in the states...

Anyway, if it's other drugs too, and more than 25 grams, or if the charge in trafiking or something like that... you are back to square one.

Udatshi moy droog !