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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3917
Experience:  Private practice in several areas, including immigration
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I AM A CANADIAN CITIZEN NATURALIZED. I PLEASDED GUILTY TO COUNT

Customer Question

I AM A CANADIAN CITIZEN NATURALIZED. I PLEASDED GUILTY TO COUNT 1 OF THE INDICTMENT TITLE & SECTION 18. U.S.C. 371 CONSPIRACY TO COMMIT FEDERAL CRIMES ON OCOTBER 28 2009 COUNT 1. I WAS ON PROBATION FOR 36 MONTHS. I LIVE IN CANADA AND I DID ALL MY TERMS AND PROBATION INSIDE CANADA. AND IT SAYS THAT I MAY NOT ENTER THE USA DURING THE OF PROBATION. IS IT POSSIBLE NOW THAT THE PROBATION IS OVER THAT I CAN ENTER THE USA NOW?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Expert James replied 3 years ago.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.

First, please take care not to write in ALL CAPS, as this indicates you are shouting at the recipient and also makes it difficult to read.

As to your question, note that a guilty plea to a lower offense (plea deal) has the same immigration consequences as a conviction for the original offense. So preliminarily, I do not think I will have very good news to share with you. I'll do my best to help you come up with a solution, but please keep in mind that sometimes, the law does not have a good solution. Unfortunately, I cannot change that. I am only here as an information source, so please do not hold bad news against me by giving me a negative rating.

 

What is your purpose of future desired travel to the US? As a visitor or other non-immigrant? Or as an immigrant?

 

What was the original charging offense?

 

Which part of the crime were you charged with and convicted of, defrauding the US government or conspiracy to commit an offense? If fraud, was it related to a loss by the victim of more than $10,000.00?

 

Please provide as much detail as you can, so I can best assist you.

Customer: replied 3 years ago.

 


What is your purpose of future desired travel to the US? As a visitor or other non-immigrant? Or as an immigrant?


visitor pleasure purposes only


 


What was the original charging offense?


conspiracy to commit federal crimes


 


Which part of the crime were you charged with and convicted of, defrauding the US government or conspiracy to commit an offense? If fraud, was it related to a loss by the victim of more than $10,000.00?


conspiracy to commit an offense

Expert:  Expert James replied 3 years ago.
Walter,

Thanks for the information. So what was the underlying offense? Was the maximum possible punishment (not what you were given, but the maximum possible penalty) inclusive of confinement for more than 1 year?

Again, I need as much detail as possible.
Customer: replied 3 years ago.

I was only give 3 years probation and not enter the USA and paid $100 fine.

Expert:  Expert James replied 3 years ago.
Walter,

I'm not asking you what you were given, I'm asking you what the maximum possible punishment is. I need to know what the worst case scenario for the conviction would have been, as well as what the original crime was that you were accused of conspiring to commit.

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