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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10896
Experience:  Write FOR JAMES to get my help!
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I have a 30 year old son facing a common assault charge in

Customer Question

I have a 30 year old son facing a common assault charge in Canada. He travels to the U.S. on business occasionally and is concerned whether this charge will impede him at border crossings to the U.S. This is a first time offense, yet to go to trial. If the outcome is not in his favour, would his U.S. travel rights be impacted?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

What is the MAXIMUM punishment for a conviction for this offense?

Customer: replied 1 year ago.
I see no answer, only my question?
Expert:  Expert James replied 1 year ago.

No sure that is going on. I did not send an answer. I sent a request for information.

Here is my question again:

What is the MAXIMUM punishment for a conviction for this offense?

Customer: replied 1 year ago.
anywhere from a conditional discharge apparently, to a fine as a first offense
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Sorry for the slight delay. It has ben a busy afternoon, and I have to answer questions on a first come, first served basis. Sometimes this leads to delays. My apologies for any inconvenience this might have caused you.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

QUESTION: He travels to the U.S. on business occasionally and is concerned whether this charge will impede him at border crossings to the U.S. This is a first time offense, yet to go to trial. If the outcome is not in his favour, would his U.S. travel rights be impacted?

ASNWER: If it is only a charge, and not a conviction, then his travel will not be impeded.

But if he has a conviction for assault, there might be issues. A simple assault is not considered a crime involving moral turpitude. And if the conviction does not result in a maximum penalty that is more than one year AND the person was not sentenced to more than six months confinement, it will be considered a petty offense, which is an exception to inadmissibility.

So based on the information you've provided me, it does not sound like a conviction for this offense would give him issues entering the US.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

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