Canadian seeking TN status with DUI charge

schaeffer
New Member



Joined: 28 Feb 2008
Posts: 3

Posted: Thu Feb 28, 2008 1:19 pm

 

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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.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1011
Location: Calgary

Posted: Fri Feb 29, 2008 10:00 am

 

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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.
_________________
Steve.

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schaeffer
New Member



Joined: 28 Feb 2008
Posts: 3

Posted: Fri Feb 29, 2008 4:47 pm

 

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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.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1126
Location: North Carolina

Posted: Sat Mar 01, 2008 6:11 am

 

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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?
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1011
Location: Calgary

Posted: Sat Mar 01, 2008 4:16 pm

 

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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.
_________________
Steve.

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schaeffer
New Member



Joined: 28 Feb 2008
Posts: 3

Posted: Sun Mar 02, 2008 2:26 am

 

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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.

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Matrib
Junior Member


Canadian interested in working in US

Joined: 02 Mar 2008
Posts: 15
Location: Canada

Posted: Sun Mar 02, 2008 7:03 am

 

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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?

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Matrib
Junior Member


Canadian interested in working in US

Joined: 02 Mar 2008
Posts: 15
Location: Canada

Posted: Thu Mar 06, 2008 5:05 pm

 

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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?

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