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I am wondering if anyone knows about crossing the border from Canada to the USA with a pending charge.He has no criminal record at all but my boyfriend was charged with possesion of a weapon. He doesnt go to court for 12 months. Will he still be allowed in before hes found innocent or guilty on the charges? Is he innocent until proven guilty? He has been to the USA dozens of times before this. Will it not show until hes actually convicted? I appreciate your responses. Thanks
It depends on his status. What US visa he has? How did he leave the US in the last time?
He is considered innocent until trial, but might be banned from leaving the US (they might take his passport away) until then. If found that he entered or exited the US illegally, he might be incarcerated until his trial.
I do not think your boyfriend would have a problem with customs insofar as getting admitted back to the U.S. after traveling to Canada. The bigger issue he needs to be aware of is that he would likely have to clear this travel with the probation officer or pretrial services officer who is monitoring his whereabouts while he is out on bond. Failure to clear the travel could result in his bond being revoked. Also, he needs to know that ther is a possibility his "travel" could become evidence at trial in certain circumstances. Not sure how it might come into play, but it could.
He is Canadian and has a Canadian Passport. We always fly so port of entry is the airport. This charge was in Canada not the US. We are wondering if this will show next time at customs when we are at the airport and will create a problem,. Thanks for the info
Hi I hope you have figured out a good solution to your question. Maybe you can help answer this one too.
I was charged with assault (fight) in 1999 but not convicted of anything, community service only, no records. I got a pardon in 2005. I think since then I've had one speeding ticket, and even it got thrown out.
Unfortunately since I crossed into US between those times that arrest is in the INS database and sometimes I get hassled and it is embarassing when I have family in the car.
Is there any way to contact the INS and tell them about the pardon. This is a problem. I'm not going to get involved in anything criminal.
Get a copy of the Pardon and carry it with you when you cross into the US. When/if the issue comes up, you will have a copy right there. I doubt you will convince the INS to change their database.
Get a copy of the Pardon and carry it with you when you cross into the US. When/if the issue comes up, you will have a copy right there. I doubt you will convince the INS to change their database.
I disagree. Government databases can absolutely be updated to reflect your current status but you just have to fly through hoops to get it done. INS is now USCIS and there's a link to their website in the first "sticky" top of this forum page.
Contact them and ask them what you need to provide them to update their database to reflect this status change. You'll probably have to provide them with a certified copy of the pardon but it's no biggie. Good luck!
Hi I hope you have figured out a good solution to your question. Maybe you can help answer this one too.
I was charged with assault (fight) in 1999 but not convicted of anything, community service only, no records. I got a pardon in 2005. I think since then I've had one speeding ticket, and even it got thrown out.
Unfortunately since I crossed into US between those times that arrest is in the INS database and sometimes I get hassled and it is embarassing when I have family in the car.
Is there any way to contact the INS and tell them about the pardon. This is a problem. I'm not going to get involved in anything criminal.
Yep you haven't filed to have the conviction removed. If you were sentenced to communtiy service its was deferred ajudications likely if it can be removed. Otherwise the conviction stays as far as records go but will show pardon if recorded.You don't get a pardon without a conviction because pardon are forgiveness for a crime in law without the courts do the forgiveness but by executive orderof a governor or president.If you were given Unajudicated probation with community service;its upto yopu to file to have the record removed once you have completed the probation requirements.
Hi I hope you have figured out a good solution to your question. Maybe you can help answer this one too.
I was charged with assault (fight) in 1999 but not convicted of anything, community service only, no records. I got a pardon in 2005. I think since then I've had one speeding ticket, and even it got thrown out.
Unfortunately since I crossed into US between those times that arrest is in the INS database and sometimes I get hassled and it is embarassing when I have family in the car.
Is there any way to contact the INS and tell them about the pardon. This is a problem. I'm not going to get involved in anything criminal.
You may not have been conviced of assault but you did community service. It took a judge to do so. Your sentence is only part of the equation. Unless there is something you did not share with us you have been convicted.
The community service resulted in the judgement being set aside, or removed, or some other term that I can't remember now, but there's *no record*. I have documents with those words on them.
I even had it searched by local police, and there isn't any criminal record. Fingerprints and photos have been destroyed in a file destruction, which is not a pardon (a pardon needs a conviction). I believe those specific words limit the RCMP to saying there is no record of those things - there might still be a record of the arrest, but I don't know for sure. It is definitely worth looking into.
Does that answer your question? Now do you believe me?
I looked around this UCIS website and didn't find who to contact for this removal. I'll still look of course, but if you know what sectin to look under that would so very much be appreciated - you've pointed me in the right direction already for which I have to thank you. Do you think it could help to contact or visit the US consulate?
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