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Juvenile offense for immigration

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The Law Rookie

The Law   0

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Filed: Timeline
Posted

I posted earlier, and was hesitant to post details, but have now realized there is no problem with doing so.

An juvenile (Canadian Citizen) move to the United States with their family on a Visa. Upon visiting Canada, the individual is charged with a violent offense (as a juvenile). The case is more than arguably self defence, thus the individual fights it.

By the time the trial is over, the individual will no longer be a minor.

Worst case; if found guilty, what immigration consequence can the individual face? Files for the GC have been filed by immigration lawyers, admitted to being arrested, and said no conviction as of now (case pending).

I asked on a number of other places and majority said the individual will be admissible due to the following:

Matter of Ramirez-Rivero, 18 I&N Dec. 135 (BIA 1981); Matter of Devision; 22 I&N Dec. 1362 (BIA 2000) states:

"Juvenile adjucations are not convictions for the purposes of immigration law".

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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

First question comes to my mind, if the offence occured when he was a juvenile but the trail is when he is an adult, will he be tried (not charged) as an adult?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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TBoneTX Grand Master

TBoneTX   45,304

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Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

We're disallowed from giving legal advice here, and it makes sense for you to consult a knowledgeable lawyer, anyway.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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The Law Rookie

The Law   0

Posted
Filed: Timeline
  • Author
Posted
First question comes to my mind, if the offence occured when he was a juvenile but the trail is when he is an adult, will he be tried (not charged) as an adult?

Thanks for asking. No, the individual will be tried as a juvenile.

We're disallowed from giving legal advice here, and it makes sense for you to consult a knowledgeable lawyer, anyway.

Sorry, but I thought this is an immigration forum where we can ask questions and be given advice. I'm just a bit confused by your statement.

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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

TBoneTX is right, you're dealing with complicated immigration law. Asking us to read links of cases and give our opinions is beyond the scope of this forum

I suggest you seek competent legal advice. Laural Scott offers free immigration chats on Wednesdays.

scottimmigration.net

Good luck.

Edited by canadian_wife

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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The Law Rookie

The Law   0

Posted
Filed: Timeline
  • Author
Posted
TBoneTX is right, you're dealing with complicated immigration law. Asking us to read links of cases and give our opinions is beyond the scope of this forum

I suggest you seek competent legal advice. Laural Scott offers free immigration chats on Wednesdays.

scottimmigration.net

Good luck.

Thanks for the help guys. I completely understand :)

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