Canadian Citizenship Application with Arrest Record from FBI, any chance for me?
- Thread starter naten
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Possibly you were paroled into the country.
http://www.borderimmigrationlawyer.com/parole-into-the-us/
Kinda harsh but I think that's the only way the officer let you into the country. Otherwise it would've been a voluntary departure or deportation since CBP is not allowed to issue visa (which is done by the State Department via consulates).
As many others have mentioned, doesn't seem like a big deal from Canadian perspective. But could be an issue next time you go back to the US (possibly, even with a Canadian passport).
http://www.borderimmigrationlawyer.com/parole-into-the-us/
Kinda harsh but I think that's the only way the officer let you into the country. Otherwise it would've been a voluntary departure or deportation since CBP is not allowed to issue visa (which is done by the State Department via consulates).
As many others have mentioned, doesn't seem like a big deal from Canadian perspective. But could be an issue next time you go back to the US (possibly, even with a Canadian passport).
Yes it was the term. Thanks so much, I am trying to look for a legal advice to have my mind at ease.
From Canadian end, you seem ok. When is the 4 year cut off coming? Unless it's close, personally I wouldn't wait for it.
From US side, take legal help from decent attorneys. This is a pretty standard scenario and waiver applications shouldn't cost too much, may be a couple of grand or so. They know you're anxious and will try to charge as much as possible. Nothing to worry too much about. CBP could've easily deported you but the fact they let you in itself means they know it's a mistake.
its actually quite long, another 10 months of waiting
Thanks, you think I can still come back to USA to visit. If you are holding a Canadian passport, do they fingerprint you at US border checkpoint?For your citizenship case - see a Canadian lawyer for information first. The question (as I see it) is quite simple: does the info in the US PCC report constitute a charge? If so, is it the type of charge that matches Canadian offences that could cause a problem for citizenship application?its actually quite long, another 10 months of waiting
The proper term is an 'indictable offence' but there's more to it than that - a lawyer will know and should be able to determine whether it meets that level or not, and quite probably from a quick glance and hearing you explain.
Then just short advice on how to disclose properly on the application.
https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/situtations-prevent-citizenship.html
My strong hunch is that what is there does not constitute an indictable offence, but you need to confirm with someone who knows what they're talking about.
Certainly. One prior issue doesn't mean lifetime ban. That's exactly why they have inadmissibility waivers etc. Don't worry about anything, once you finish the Canadian process, consult a US immigration attorney, file the paperwork, you should be good in no time.its actually quite long, another 10 months of waiting
They will know who you are irrespective of whether you have a new country's passport - probably they use the bio info to pull up the record. File the paperwork, answer any questions honestly and you are good.
They do. However I am referring to 'arriving via common career' (read, airlines). No idea about while driving a personal vehicle.
Whether they fingerprint you or not, they will most likely be able to pull up the records using your Name/DOB etc combination. That's probably why some people with very common names get pulled for secondary very frequently (because some other person with similar name/DOB have some record in the US).
Otherwise people that have multiple citizenship and multiple passports would get away with a lot of violations.
The other issue that results in secondaries is for names transliterated from other alphabets, when the multiple variations of a somewhat-common name overlap with someone they have on watch lists or other databases. And also if other useful identifying (middle names etc) are not used consistently.