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atrophyyy · Mar 28, 2010, 11:44 AM

Hey guys! My name is Allan! I'm 14 years old and about a month ago, I was charged with theft under 5000 in the province of Ontario. I had a court date at the Youth Justice Court. My court date was on March 25, 2010 and I was offered a 'EJS' ( Extra Jurical Sanctions ) program.

Here's where the real question comes in:
I have family in the USA and visit for a family vacation every summer. Since summer is approaching, do you think I will have any problems going to the USA? e.g. being stopped or questioned?

I'm hoping to get a bit of advice before I get some from a immigration lawyer.

All answers, opinions and comments are appreciated!

Allan,

JudyKayTee · Mar 28, 2010, 01:44 PM

It's a case by case determination. You were "offered" an EJS - did you take it?

I think there's a possiiblity you will not be allowed to cross the border.

"If you have any criminal record, no matter how minor or how long ago the offense, you may be refused a visa or entry to the United States. There may also be problems in traveling through U.S. airports. Under U.S. law, a pardon issued by Canadian authorities is not recognized for purposes of entry into the United States. Even though you may have entered the United States without hindrance in the past, you may be denied entry at a future date based upon disclosure/discovery of your criminality.

Not all criminal convictions create an ineligibility to enter the U.S. but any past criminal record must be declared. Attempting to gain entry without declaring that you have been arrested could result in a permanent ineligibility and/or detention at a U.S. Department of Homeland Security (DHS) enforcement facility while a CBP officer determines your admissibility." Criminal Ineligibility • U.S. Consular Services in Canada

atrophyyy · Mar 31, 2010, 05:41 PM

Yes, I did take the EJS.
In my second court date, the charges will be dropped.

Carl17 · Mar 31, 2010, 05:48 PM

If the charges are dropped by the time you travel you shouldn't have anything to worry about, IMO. This is just my opinion, common sense.

atrophyyy · Mar 31, 2010, 05:55 PM

Originally Posted by Carl17

If the charges are dropped by the time you travel you shouldn't have anything to worry about, IMO. This is just my opinion, common sense.

My second court date is on May 25, 2010. It is to withdraw the charges because I'm going to be doing ''meaningful consequences''. Please note that I did not go to trial.

I'm visiting NY state between July and August.

Thanks so much!

Carl17 · Mar 31, 2010, 06:12 PM

Yeah, you should be fine then.

JudyKayTee · Mar 31, 2010, 06:15 PM

Please be aware that the legal boards are not based on "common sense" or "what I think." They are based on the law and Statutes and research.

Please post your research - I am ex-US Government and I do not agree with you.

I posted the result of my research (as well as my own experience). Please do the same.

Carl17 · Mar 31, 2010, 06:27 PM

Your right, they're not. But if you are not charged with any crime, as he is not being charged with any if the charges are being dropped, then he can't be prevented from travelling for that reason, and that is common sense. I'm sorry that you disagree with my opinion, but what I said is correct, is it not?

JudyKayTee · Apr 1, 2010, 06:19 AM

Where do you read he was not charged with a crime? To quote the OP: " I was charged with theft... " I don't know where you get the impression that if charges are dropped the OP was never charged in the first place.

No, what you said is not correct.

Again - this is not the "common sense" board. This is the legal board. Please back up your statements before someone actually believes you and ends up stuck at a border crossing for hours. I am not going to debate the law with you. Please post your sources.

atrophyyy · Apr 1, 2010, 04:22 PM

Originally Posted by JudyKayTee

Where do you read he was not charged with a crime? To quote the OP: " I was charged with theft ..." I don't know where you get the impression that if charges are dropped the OP was never charged in the first place.

No, what you said is not correct.

Again - this is not the "common sense" board. This is the legal board. Please back up your statements before someone actually believes you and ends up stuck at a border crossing for hours. I am not going to debate the law with you. Please post your sources.

In response to what you said, I value your statement. However, if I was to travel to the US because I'm probably going to have to, is there a chance that they will not see the record? I heard that if you bring your birth certificate instead of your passport, the chances are on your side. I have no official source or link claiming this.

I had a brief conversation with an Immigration lawyer on the 1st court appearance, and if I remember correctly, he said how it would not affect me traveling to the US and it should not be a problem. Then, something about a misdemeanor.

Thanks for the reply!

JudyKayTee · Apr 1, 2010, 06:15 PM

If you read (again) what I posted in #2 again I think it could go either way. Note that it says ANY CRIMINAL RECORD (no matter how minor). There is absolutely no difference when your name is run using a passport and when your name is run using a birth certificate. Absolutely none - and the odds aren't greater on either side.

I would use the link I provided and ask specifically. That is not going to trigger some sort of alert and it might keep you from being detained and turned back.

OR you could contact the Attorney you spoke with and ask him to give you the section of law or some other citation to put your mind at ease.

Either way, I'm curious and would like to know how this works out for you.

If you do make it across, welcome to the US - have a great time, spend a lot of money here <smile> and let us know how things work out. No question you are doing the responsible thing by checking in advance.

ScottGem · Apr 1, 2010, 06:51 PM

Originally Posted by Carl17

Your right, they're not. But if you are not charged with any crime, as he is not being charged with any if the charges are being dropped, then he can't be prevented from travelling for that reason, and that is common sense. I'm sorry that you disagree with my opinion, but what I said is correct, is it not?

The problem here is that this is NOT a board where opinion matters much. The only time opinion matters is when you are interpreting a statute. In such a case you need to post the statute (or a link to it) so your interpretation can be confirmed. The law and especially those who enforce it do not always use common sense. If you want to answer questions on any of the legal boards, you need to be able to back up your answers by citing specific statutes.

atrophyyy · Apr 1, 2010, 07:04 PM

Originally Posted by JudyKayTee

If you read (again) what I posted in #2 again I think it could go either way. Note that it says ANY CRIMINAL RECORD (no matter how minor). There is absolutely no difference when your name is run using a passport and when your name is run using a birth certificate. Absolutely none - and the odds aren't greater on either side.

I would use the link I provided and ask specifically. That is not going to trigger some sort of alert and it might keep you from being detained and turned back.

OR you could contact the Attorney you spoke with and ask him to give you the section of law or some other citation to put your mind at ease.

Either way, I'm curious and would like to know how this works out for you.

If you do make it across, welcome to the US - have a great time, spend a lot of money here <smile> and let us know how things work out. No question you are doing the responsible thing by checking in advance.

All right! Thanks so much for the information.

I'll keep this thread updated as everything comes along.

atrophyyy · Apr 19, 2010, 05:44 PM

Originally Posted by JudyKayTee

If you read (again) what I posted in #2 again I think it could go either way. Note that it says ANY CRIMINAL RECORD (no matter how minor). There is absolutely no difference when your name is run using a passport and when your name is run using a birth certificate. Absolutely none - and the odds aren't greater on either side.

I would use the link I provided and ask specifically. That is not going to trigger some sort of alert and it might keep you from being detained and turned back.

OR you could contact the Attorney you spoke with and ask him to give you the section of law or some other citation to put your mind at ease.

Either way, I'm curious and would like to know how this works out for you.

If you do make it across, welcome to the US - have a great time, spend a lot of money here <smile> and let us know how things work out. No question you are doing the responsible thing by checking in advance.

Hey, its me again.
I have more questions that I hope you could answer!

1. If I travel by plane to the U.S from Canada, will I be stopped?

2. If I am allowed entry into the U.S and take an airplane to another state; e.g. New York to Florida, will I be stopped?

Still haven't gotten over this subject yet, especially with summer coming...
Thanks so much! :)

ScottGem · Apr 19, 2010, 07:31 PM

Whenever you enter another country, you will be checked through Customs. However, once past customs, there is no check on interstate travel.