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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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Hi i have court in washington for recless driving i was speeding

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Hi i have court in washington for recless driving i was speeding on a bike 110 mph and i am a canadian citizen. Im wondering since its a criminal charge will i be able to enter US with that record??

Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

 

So you have not yet been convicted, and they want you to take a plea deal, correct?

 

What is the exact offense code? Is it 46.61.500 Gross Misdemeanor?

Customer: replied 3 years ago.

Yes its gross misdemeanor

Hi Andriy,

I need you to confirm the offense code. Is that the right one?
Customer: replied 3 years ago.

Yes thats the right code

Hi Andriy,

Thanks for the confirmation. And my apologies for any inconvenience that my delays have caused. It has been a very busy afternoon working with customers in the order their questions are received.

QUESTION: I'm wondering since its a criminal charge will i be able to enter US with that record??

 

ANSWER: Not all criminal offenses render you removable or inadmissible. Usually, those that do are crimes of violence against another, crimes of moral turpitude (against property or government entity, fraud, etc.), etc.

 

In most cases vehicular related offenses are not generally considered crimes of violence unless the offender is confined for 1 year or more as a result of the offense. Usually this happens when another person is involved and injured or killed due to the offender's recklessness. That is not the case here.

 

However there may be an issue related to a crime involving moral turpitude. If this is considered a crime involving moral turpitude - and I do not think it is - then you would be considered inadmissible to the US. So it appears that this will NOT going to be considered a CIMT, and thus you would not be barred from entering the US.

 

Now I am only an Immigration Expert and so I do not know every single state's specific criminal code and the consequences of conviction on immigration. I am only here to provide general information about the situation you describe. Having said that, I highly recommend that you and your criminal defense attorney consult with an immigration attorney in Washington state who is familiar with immigration consequences of criminal convictions, just to be safe.

 

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