I have a criminal in the USA and served a short time in jail. Can I return to the US without hassle?
Province/Territory relating to question: Ontario
I have not attempted to enter for fear of being detained. I just want to visit periodically
Thank you for the question.Is there a warrant for your arrest in the US, to your knowledge?What were you convicted of, and when, and what was your sentance?Ulysses
There is no warrant for my arrest. I was released by the judge for "time served", while awaiting trial, by pleading guilty to a lesser charge, To WIT: "attempting to procure a controlled substance (ephedrine - used as cough and cold remedy) from a DEA officer. I actually served six months in the NYC detention center. There was no probation or any other type of on-going restriction related to my release. I was released, taken to a bus station in NYC by my lawyer, and allowed to return to Canada (Niagara Falls) without further incident.Sincerely Doug Reynolds
OK, thanks for that. You may want to edit your posts to take out your real name, there's no reason to have anyone else being able to identify you.I recommend you do that and tell me when this incarceration happened.Ulysses
Is there any other information required?Age: 71M Status: marriedEmployment status: retired
Hello. You are a Canadian or U.S. Citizen?
I am a Canadian citizen who was vacationing in the US when arrested in NYC on March 11, 2009
I do not see any ACCEPT button. I am pleased to help ensure that you are remunerated.
Sorry about that. No button until I actually answer you as that would not be fair to you. And there will be no answer yet as I have another question to ask. So what was the actual charge that you were convicted of? And how do you want to enter the U.S.? Just to visit?
I am a Canadian citizen.
What was the actual charge that you were convicted of? And how do you want to enter the U.S.? Just to visit?
I need to know to let you know if you will need a waiver or not and what type of waiver. So what was the charge that you were convicted of and you just want to visit the U.S. or you want to come to stay?
Charge as I best recall: "attempting to acquire a controlled substance for the purpose of trafficking."I do not know if I require a waiver. I have not yet attempted to re-enter the USLiving on the boarder, Niagara Falls, Ontario, I just want to enter the US on a periodic basis for gas, Christmas shopping, leisure visits, etc. No stay would exceed two or three days, except for a week's vacation in Florida.
Well, then you are going to have major problems. Even though it seems like a minor issue, if you remember in the 1980s, (Scarface, for example), the drug trafficking was rediculously rampant and often out in the open with all the drug money all over the place. So the U.S. Congress created laws to combat trafficking and they are very very harsh laws. Unfortunately, you are stuck in one of those harsh situations. There are 4 things in U.S. immigration law that have no forgiveness, that not even a U.S. Presidential pardon works, and those are fraud marriage, false claim to U.S. Citizenship, money laundering and trafficking of a controlled substance. They do not even need a conviction, all they need is "reason to believe" that you were involved in or benefited from any type of drug trafficking.
Here is a link:
So because of this, you will have problems. You can no longer use the Visa Waiver, but you would have to file for a B-2 visa which can be found here:
And you would need a 212(d)(3) waiver which is done on form I-192 which can be found at www.uscis.gov/forms. You can find more information here:
Even if you get this waiver approved (which you probably have a fair chance if it was a minor conviction and there is very little evidence or no evidence of trafficking), unfortunately, you have to apply for the waiver each time you want to enter the U.S. You don't habe to apply for the B-2 visa each time, but the waiver, yes. I am truly sorry. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. My goal is to provide you with top-notch service - please don't forget to leave me feedback if that is available for you to do so and a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Just one more quick question. Sometimes, especially in Asia, flights to Canada are delayed or otherwise re-routed to US, usually SF or LA. The transfer is then made to a Canadian flight. Will I be able to enter the US on an "in transit" basis, or am I barred under any circumstances.
Barred in all circumstances, unfortunately. Anything that requires you to have any type of non-immigrant visa requires you to have the 212(d)(3) waiver. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. My goal is to provide you with top-notch service - please don't forget to leave me feedback if that is available for you to do so and a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
10+ years of experience in various aspects of U.S. Immigration Law.
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