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LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
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Experience:  Practicing attorney licensed for over 23 years.
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I recently plead guilty to a domestic assault charge but was

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I recently plead guilty to a domestic assault charge but was not convicted. The judge gave me a conditional disharge with 9 months probation attached. So no criminal record. I plan on going to the states with my familly for a trip, my probation will be completed by the time I go to cross the border by car (I am driving down from Ottawa, On.), Do they scan all passports at the border, and if so would I be red flagged or anything... from what I understand my "conditional discharge" will still be on canadian police data base for about 3 yrs, CPIC i think.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  LegalEagle1 replied 11 months ago.
Hello and welcome to JustAnswer. I would like to assist you with you question today.

Here is a link to a portion U.S. Department of State Foreign Affairs Manual Volume 9 that provides guidance for denial of admission

http://www.state.gov/documents/organization/86942.pdf

The offense your charged with seems to fall in the category described in 9 FAM 40.21(a) N2.3-3 Crimes Committed Against Person, Family Relationship, and Sexual Morality.

Convictions of such an offense can be reason to deny admission into the United States. Your case does not involve a conviction so it most likely will not be a reason to exclude you.

The manual gives the agent discretion in deciding on whether to admit persons with such charges.
9 FAM 40.21(a) N3.3 “Convictions” Relating to Pre-trial Actions
(CT:VISA-1738; 10-06-2011)
a. An applicant has not been convicted of a crime if he or she merely:
(1) Is under investigation;
(2) Has been arrested or detained;
(3) Has been charged with a crime; or
(4) Is under indictment.
b.However, such facts may indicate that some other basis of inadmissibility may exist (e.g., second clause of INA 212(a)(2)(C), INA 212(a)(1), etc.). At your discretion, you may refuse any under INA 221(g) which involves an alien charged, but not convicted of a crime to await the outcome of the proceedings, if the outcome is imminent, or to permit local authorities in appropriate cases to take steps to prevent the departure of the alien from their jurisdiction. Where applicable, in the case of a nonimmigrant visa applicant charged with a crime, you should also consider how the charge may affect the applicant‟s intention to return to his or her place of residence.

Since your case has been resolved it does not seem at all likely it should present a problem for you.

You may want to contact the court where the charge is pending or ask your lawyer if the fact the charge is pending is reported to a Canadian Criminal Real Time Identification Services (CCRTIS) or Criminal Records Information Management Services (CRIMS). If it is reported, that information is available to both the Canadian and US government for evaluating Waivers and Visas.

If you want to check on your admission status prior to leaving you can contact one of the Pre-Clearance Offices.

http://www.cbp.gov/xp/cgov/toolbox/contacts/preclearance/preclear_locations.xml

They will require that you appear in person to determine your admissibility into the United States. You will have to fill out an I-192 form.


http://www.uscis.gov/files/form/i-192.pdf

Question 17 will require you to self-disclose the charge.

Utilizing this process will be the only way you will know with any certainty if the pending charge will create problems for you visiting the United States. Checking in advance will save you the hassle of having to turn around if they do decide to deny admission based upon the dismissed charge.

I hope that I have answered your question. Please let me know if you have more questions or need more information.
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LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 746
Experience: Practicing attorney licensed for over 23 years.
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