Canadian seeking TN status with DUI charge

Hi there,

I'm a Canadian who will be seeking TN status to work for US company. I have a 13 year-old DUI charge from Canada, and very worried about being turned away.

My most important question is whether or not I have a chance of being admitted if I only show as many court documents as I can (showing that I fulfilled all requirements of the violation, got reinstated), or is some sort of US visa waiver mandatory.

I should mention that I am currently in the US on a J-1 visa, travel back and forth every year and have never had a problem. Then again, I've never been asked about any criminal charges.

Many thanks.

The law is basically that you have to have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more to be denied entry. However there is also a whole bunch of fuzzy categories that don't allow "drug abusers" or "violations of controlled substance laws" and things like that as well.

However a DUI from 13 years ago isn't anything to worry about I would think. As long as you're not an alcoholic and show up drunk to the POE.

Hi Steven,

Thanks for the reply! The more I read about these things, the more I felt better. Sort of. I find this stressful, to say the least.

A little follow up: I just accepted the official offer from the company I referred to and started filling out an online questionnaire for the immigration lawyers handling my change of status. First off let me say I'm well aware that I should be honest with them so that they can best help me, but I have another question. Admittedly, your specific definition might answer it, so forgive me if I'm being obtuse and/or naive.

The specifics of my DUI were: I was picked up by family right from the checkstop (i.e., I didn't spend one second in jail). Obviously I got fingerprinted and appeared before a court. I know I was CHARGED (and found guilty) of a crime, but

WAS I "ARRESTED"?

The form on the lawyer's website specifically asks this question. Any help you could give me would be VERY appreciated. All of this is happening very quickly.

Cheers.

If you were charged and found guilty of a crime, I would hazard a guess that yes, you were arrested. Otherwise how would they have charged you?

Lots of people have had difficulties entering the US if they have DUI charges on their record (and considering you were charged and found guilty, there would be court records of it, and if they did a background check they'd find it) and have been found inadmissable.

Is your potential employer aware of this prior DUI and that it may be a problem?

If you were convicted then yes, you were arrested, when it was a DUI at any rate. The law they're looking at is the one I've mentioned above, so I wouldn't worry about it too much.

I thought as much: I have to admit that I was hoping against hopes that in some technical, legal definition that I could answer "no" to the question of being arrested.

Thank you again for getting back to me, Steve.

I also appreciated Reba's comments. As far as her question as to whether my employer knows about the DUI, no. I personally do not feel like checking the box next to "Have you ever been charged with a crime?" box on a job application for this infraction. Nevertheless, I will be honest with the lawyers. If they inform my potential employer and they withdraw their offer, I'll just have to accept that.

Thanks again. Due to the helpful feedback I've received on this site, I promise to follow up with my experience in the hopes it might be helpful.

Hi,

I am in the similar situation as schaeffer. I have went through the interview process and am waiting for the offer letter. I just received my Pardon in the mail on Friday. I realize it doesn't hold any legal value in the US. I am hoping it will help me get a Visa to work in the US. I also was arrested during a Check stop. There wasn't any accident or anything like that. And it is the only item on my record.


I will be completely upfront when I apply for the VISA. Is there anything else I would need to do or bring when applying? i assume I have to bring the offer letter, my qualifications, My Criminal record and pardon? Am I missing anything?

Hi Can anyone give me any advice on this.

I appreciate any help.

Hi,

I am in the similar situation as schaeffer. I have went through the interview process and am waiting for the offer letter. I just received my Pardon in the mail on Friday. I realize it doesn't hold any legal value in the US. I am hoping it will help me get a Visa to work in the US. I also was arrested during a Check stop. There wasn't any accident or anything like that. And it is the only item on my record.


I will be completely upfront when I apply for the VISA. Is there anything else I would need to do or bring when applying? i assume I have to bring the offer letter, my qualifications, My Criminal record and pardon? Am I missing anything?

Thank you too all that helped me.

I recently received by TN visa at the Peace Bridge. The Treaty office was straight forward and very fair.

Thank you all

Hi

I am trying to get renew my TN visa in the US border, I am canadian citizen.

Lately i've been charged with impaired driving and refusal to sample a breath test. I havent being convicted yet.

I spent a night in prision and the next day I had my bail hearing.
I payed the bail. It doesn't say that i cannot live the country, althougth my lawyer sent a letter to the court advising them that i am going to leave the country.

I have the following questions:

1. If they ask me if I have been arrested, should i say yes because i spent one night in prission or not because I haven't been convicted?

2. What is the possibility that this come up in the interview and if this come up, do they know that the charges are for DUI or it going to appear that i just have charges (just charges with out specifying what is, it would be the the worse situation for me)?

3. Is it better being convicted with DUI that being charged and being under a bail for TN-visa porpuses?

Thank you for your quick answer