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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99956
Experience:  Lawyer
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I am Australian national living and working in NYC (note

Customer Question

Hi I am Australian national living and working in NYC (note also I did have a Canadian PR but that expired in 2012 as I was unable to maintain the residency requirement). In October 2014, I was arrested in NYC for a very minor offense - and for this I was given an adjournment in contemplation of dismissal - which as per NY and US law is not a conviction nor an admission of guilt. As per NY courts, I was told basically to stay out of trouble for 6 months and complete one day of community service and after which the case would be sealed. The case has been sealed as of April 2015. I tried to travel to Toronto in January 2015 to drop my mother off at the airport, however I was denied entry into Canada due to my outstanding arrest record. I was told by the Canadian border officials that I should try after my case is sealed (i.e after April 2015) - but when I do try to bring all the needed court documents with me (i.e court file, disposition etc). I need to travel to Canada to stamp my latest H1B at a US consulate. How should I go about doing this? Can I be denied entry again? What documents should I take with me so that I can? Thanks
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
You may be denied entry again. It will depend on the discretion of the border service officer. But hopefully if you can prove that the charges were dismissed you will be OK and if the border service officer understands the law you should gain entry but unfortunately there is just no guarantee. You should bring with you all documentation you have that proves the charges were dismissed. And you can tell then officer that what happened is the same getting diversion in Canada and it means there is no admission of guilty, no finding of guilt and no conviction. The charges were withdrawn and so your record is clear.

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