Juvenile offense in Canada

[The Law 0]

Hey guys,

I've tried to shorten my situation, but I realize it isn't all that "short"

I moved from Canada to the USA at the age of 16 with my parents on an L2 visa. I am now 18 years old and I currently live with my family in the USA and will begin college next year.

At 16 I was charged with aggravated assault (as a juvenile) while on a visit back to Canada. It seemed like a defendable case of self-defence but my attorney was not able to prove self defence in court. The charge/conviction arose from a SINGLE punch; yes, I only punched the individual once, after being punched 4-5 times. I did in a sense provoke the person, but only after being racially taunted and pushed.

I have yet to be sentenced, but will return in a few months to be sentenced. I have been told I will likely be put on a year of probation.

Needless to say, it was a tragedy and I wish it had been avoided. It was my first and definitely last run in the with the law.

I am applying for a Green Card based on my father and mothers L1 Visa. I am not sure exactly what we are applying for; all I remember hearing is an EB1 or EB2 (that should ring a bell to some of the immigration gurus).

I love the USA and really don't want to be stopped from reentering the USA after my sentencing.

What options are available to me? Is this incident going to lead to any major problems?

Edited March 5, 2010 by The Law

[VanessaTony 3,567]

I don't know much about EB1 or EB2 visas but I did find this: http://faq.visapro.com/EB1-Green-Card-FAQ2.asp#Q1 so good on your parents for qualifying!

Does Canada allow record expungement (i.e. erasing it if you've "kept your nose clean" since?). Could you apply for the record to be sealed? Do you remember if there was a "deadline" to how long it stays on your record? (some courts do that).

Seeing you have court coming up, make sure you get a copy of your court record because you will need it for the greencard stuff anyway. You will be able to see what it looks like on your record and that might affect how your respond to it.

Have a quick read here: http://www.jamaicans.com/articles/immigration/im_0307.shtml she discusses waivers and how bad "bad" is. Typically when it's difficult (like this) we would suggest you speak with a lawyer. It sounds like you should as they would know most about the waiver process. Just make sure you choose wisely.

Best of luck

[The Law 0]

I don't know much about EB1 or EB2 visas but I did find this: http://faq.visapro.com/EB1-Green-Card-FAQ2.asp#Q1 so good on your parents for qualifying!

Does Canada allow record expungement (i.e. erasing it if you've "kept your nose clean" since?). Could you apply for the record to be sealed? Do you remember if there was a "deadline" to how long it stays on your record? (some courts do that).

Seeing you have court coming up, make sure you get a copy of your court record because you will need it for the greencard stuff anyway. You will be able to see what it looks like on your record and that might affect how your respond to it.

Have a quick read here: http://www.jamaicans.com/articles/immigration/im_0307.shtml she discusses waivers and how bad "bad" is. Typically when it's difficult (like this) we would suggest you speak with a lawyer. It sounds like you should as they would know most about the waiver process. Just make sure you choose wisely.

Best of luck

Thank you for answering Vanessa.

Canada does allow record expungement, but I believe for the matter of immigration, it would not make a difference.

I will definitely be talking to an immigration lawyer. Thanks for the advice!