Ask Experts Questions for FREE Help !
Ask
    ernestrada's Avatar
    ernestrada Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Jul 16, 2009, 11:38 PM
    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.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
    		  
    #2

    Jul 17, 2009, 04:25 AM

    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
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
    		  
    #3

    Jul 17, 2009, 07:37 AM

    Need more information.

    It depends on the actual charge, any unresolved charges and the persons US immigration status. Did they abandon permanent residence?
    ernestrada's Avatar
    ernestrada Posts: 4, Reputation: 1
    New Member
    		  
    #4

    Jul 17, 2009, 08:27 AM
    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
    ernestrada's Avatar
    ernestrada Posts: 4, Reputation: 1
    New Member
    		  
    #5

    Jul 17, 2009, 08:28 AM
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #6

    Jul 17, 2009, 08:34 AM
    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
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
    		  
    #7

    Jul 17, 2009, 10:21 AM
    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
    ernestrada's Avatar
    ernestrada Posts: 4, Reputation: 1
    New Member
    		  
    #8

    Jul 17, 2009, 08:03 PM

    Thanks for your responses! I really appreciate it.
    fairylight's Avatar
    fairylight Posts: 1, Reputation: 1
    New Member
    		  
    #9

    Nov 21, 2009, 11:13 AM
    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.
    Andy939's Avatar
    Andy939 Posts: 2, Reputation: 1
    New Member
    		  
    #10

    Jul 6, 2012, 07:56 PM
    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
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Entering bahamas with criminal record [ 5 Answers ]

My husband and I are trying to find a place for our honeymoon and were thinking about the bahamas... The problem is, is that he recently has been convicted with possession of tobacco with intent of traficking... which now gives him a criminal record with a federal conviction... Will we have...

Canadian divorce if the other party is not a canadian citizen or iimigrant [ 2 Answers ]

Hello, I am a landed immigran here in Canada. Last year I went back to the Philippines to get married. For some reason, my wife, after we got married decided that she doesn't want to go with me to canada And decided that we should instead end our legal relationship. My question, can I file a...

ITIN for dependent canadian born son and wife (canadian citizen) [ 3 Answers ]

I have filed W7 for my wife and son with my Federal tax return by going to a TAC in atlanta area. They indicated that since it is a peak season, will take 6-8 weeks to get the ITIN. How do I file my states return? Reading from the replies of tax experts here, I understood that for most states I...

Canadian citizen to marry dual citizen (us/can) and relocate to US. [ 1 Answers ]

I am dual citizen (Can and US) born in Canada. Citizenship through mother who is American. Fiancé is Canadian. We both live in Canada now. I have been in Canada for 9 years working. We want to marry and relocate to states to be closer to my family. First, is it better to marry in Canada or...

Canadian entering Canada with Felony charges [ 1 Answers ]

Hi, I have a relative who is a canadian citizen and holds permanent residency from states. She has been charged with one count of felony and has fled to mexico. She wants to know can she return to Canada... will they arrest her at the airport? Thx in advance for your input.

View more questions Search