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-   -   Canadian Citizen with you.S. Criminal record entering the you.S. (https://www.askmehelpdesk.com/showthread.php?t=376586)

  • Jul 16, 2009, 11:38 PM
    ernestrada
    Canadian Citizen with U.S. criminal record entering the U.S.
    U.S. permanent resident with a misdemeanor Battery case traveled to Canada married a Canadian and stayed in Canada, became a Citizen in Canada, Can this person travel back to the U.S. this time not with U.S green card but Canadian passport and no record in Canada? Will he or she be denied entrance? Can he or she be arrested for not showing up to court when the case was to be closed in the U.S.
  • Jul 17, 2009, 04:25 AM
    tickle

    I quite imagine that you should not try to travel down to the US. It seems you skipped out before your court date. The fact that you have a Canadian passport has nothing to do with it, but your passport says you were born in the
    States, right?

    Tick
  • Jul 17, 2009, 07:37 AM
    DCcityboy

    Need more information.

    It depends on the actual charge, any unresolved charges and the persons US immigration status. Did they abandon permanent residence?
  • Jul 17, 2009, 08:27 AM
    ernestrada
    Quote:

    Originally Posted by DCcityboy View Post
    need more information.

    it depends on the actual charge, any unresolved charges and the persons US immigration status. did they abandon permanent residence?


    Yes, He or she abandoned permanent residence in the U.S.
    Did not show up for court and a bench warrant was issued when he or she was already living in Canada
    The case was an older case from 2003 misdemeanor battery
    Which was re-opened for consideration (Vacated) but the individual
    Left the U.S. during pretrial hearings and did not show up anymore.

    However the individual got family in the U.S. and would like to come back just to visit, no intention to live in the U.S... just visit without legal problems at the port of entry.

    This time as a Citizen of another country with Canadian passport and Canadian ID documents
  • Jul 17, 2009, 08:28 AM
    ernestrada
    Quote:

    Originally Posted by tickle View Post
    I quite imagine that you should not try to travel down to the US. It seems you skipped out before your court date. The fact that you have a Canadian passport has nothing to do with it, but your passport says you were born in the
    States, right?

    tick

    No individual was a foreign national and a U.S. green card holder at the time.
  • Jul 17, 2009, 08:34 AM
    excon
    Quote:

    Originally Posted by ernestrada View Post
    Will he or she be denied entrance? Can he or she be arrested for not showing up to court when the case was to be closed in the U.S.?

    Hello e:

    They won't deny entrance because they're going to want to arrest him/her. He or she will then be made to face the music they avoided earlier. And then they'll be deported.

    excon
  • Jul 17, 2009, 10:21 AM
    tickle
    Quote:

    Originally Posted by excon View Post
    Hello e:

    They won't deny entrance because they're gonna want to arrest him/her. He or she will then be made to face the music they avoided earlier. And then they'll be deported.

    excon

    Hey, glad you chimed in. ex. Then II was right . He/She should NOT try to travel to the U.S. That would open up a whole can of worms.

    Tick
  • Jul 17, 2009, 08:03 PM
    ernestrada

    Thanks for your responses! I really appreciate it.
  • Nov 21, 2009, 11:13 AM
    fairylight
    Quote:

    Originally Posted by ernestrada View Post
    U.S. permanent resident with a misdemeanor Battery case traveled to Canada married a Canadian and stayed in Canada, became a Citizen in Canada, Can this person travel back to the U.S. this time not with U.S green card but Canadian passport and no record in Canada? Will he or she be denied entrance? Can he or she be arrested for not showing up to court when the case was to be closed in the U.S.?

    Hello!
    Could you please provide more information on how this person got to immigrate to Canada? Did he or she have any difficulties immigrating to Canada having been accused of a misdemeanor and not appearing in court in the States? Did he or she submit any papers to Immigration Canada concerning that. I have a very similar situation: I was charged with shoplifting in the US and failed to appear for my hearing as I left the country. Now I still have the charge for shoplifting and the failure to appear in court but I want to get married to a Canadian and immigrate to Canada. Did the person you are talking about inform immigration officials about his charge and not appearing in court before he entered Canada from the US? How did his or her canadian immigration process go with the criminal charge and failure to appear in court? I would be very grateful for any information about that.
  • Jul 6, 2012, 07:56 PM
    Andy939
    Yes I want to know to how he got married to Canadian and got passport. They do check your records from USa or wherever you came form, how is possible you to get way with that. They do have same laws like in USA. Can you explain more details? How you did it, very surprised and in the same time I'm interested for somebody that was deported from USa and he could ever can apply to enter to or married to Canadian girl

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