Criminal Charge after Cr-1 rec'd

[Abby62 23]

I recently found out that a co-worker had left and married a USC and has now lived in the USA for 1 year. He has just now found out that he is going to be charged with theft over $5,000 in Canada. I guess he'll have to go back to Canada and face charges. So what will happen to him?

Will he be able to re-enter the US, and if so when he goes to apply after 2 years for his AOS, will he be denied and have to go back to live in Canada..

Just curious.

Thanks

[marriedtomrg 141]

Did he use a visa to enter the US (like K1 or CR1), or did he enter under VWP?

I recently found out that a co-worker had left and married a USC and has now lived in the USA for 1 year. He has just now found out that he is going to be charged with theft over $5,000 in Canada. I guess he'll have to go back to Canada and face charges. So what will happen to him?

Will he be able to re-enter the US, and if so when he goes to apply after 2 years for his AOS, will he be denied and have to go back to live in Canada..

Just curious.

Thanks

[YuAndDan 153]

Is always possible that Removal Of Conditions may be denied, I am not sure but a name/background check may be run, or there is even the possibility of being unable to renter the USA on a green-card, the POE runs a name check and can deny entry if they come up with a criminal charge.

It is Removal of Conditions (RoC) that happens at 2 years of Conditional status (2 year Green-card), the term is NOT Adjustment of Status (AOS)

Moving to Effects on Immigrations Forum..

[Abby62 23]

Did he use a visa to enter the US (like K1 or CR1), or did he enter under VWP?

It was a CR-1

[marriedtomrg 141]

Then your friend already has a 2-year conditional green card...kindly refer to YuandDan's response.

It was a CR-1

[JimVaPhuong 4,863]

I recently found out that a co-worker had left and married a USC and has now lived in the USA for 1 year. He has just now found out that he is going to be charged with theft over $5,000 in Canada. I guess he'll have to go back to Canada and face charges. So what will happen to him?

Will he be able to re-enter the US, and if so when he goes to apply after 2 years for his AOS, will he be denied and have to go back to live in Canada..

Just curious.

Thanks

Most crimes of theft are CIMT's, and would make him both inadmissible and deportable. If he's convicted then it's conceivable his green card could be revoked at the border or POE when attempting to reenter the US.

[NigeriaorBust 4,087]

The US and Canada have extradition agreements so it is also possible that he could be arrested in the US and sent back to Canada minus his green card

[Abby62 23]

So you make the assumption that this person is guilty already?

What if the are not convicted, lesser sentence, or found not guilty and only have the "charge" on his record?

[YuAndDan 153]

So you make the assumption that this person is guilty already?

What if the are not convicted, lesser sentence, or found not guilty and only have the "charge" on his record?

Has to be a conviction, not a charge. If Not Guilty, then no conviction and NO problem.

Has to be strong evidence to get extradited, and if extradited, I would suspect green-card wont be revoked until convicted.

[TracyTN 237]

So you make the assumption that this person is guilty already?

What if the are not convicted, lesser sentence, or found not guilty and only have the "charge" on his record?

Well, you DID want responses that pertained to all possible outcomes, right? (Besides which, Jim did say IF convicted...!)

Edited February 4, 2011 by TracyTN

[JimVaPhuong 4,863]

So you make the assumption that this person is guilty already?

What if the are not convicted, lesser sentence, or found not guilty and only have the "charge" on his record?

No, and I specifically said "IF he is convicted". The alien would need to be either convicted or admit to having committed the crime before it would become relevant for immigration.

[desertblue88 0]

He can go to Canada to face charges and re-enter the United States as well, even if the POE officer knows of the conviction.

https://help.cbp.gov/app/answers/detail/a_id/932/kw/lawful%20permanent%20residents%20criminal/session/L3NpZC8xUk9Ya09saw%3D%3D

"The short answer is that Lawful Permanent Resident's (LPR) convicted of certain crimes cannot be denied reentry into the U.S., although they will be referred to an Immigration Hearing to determine deportability. Once a determination of deportability has been made, the LPR status is revoked, and a deportation order handed down. Obviously, once such an order has been issued, a former LPR would not be allowed entry into the U.S. after any subsequent trip out of the U.S. unless a waiver of ineligibility is granted or if a Port Director approves a temporary parole (usually for humanitarian purposes). The legal grounds for removal of LPR status are found in the Immigration and Nationality Act, Section 237.

Some of the most common grounds for revocation are: Fraud, theft, rape and related crimes, assault and battery, money laundering, drug dealing and alien smuggling.

If the conviction is of a particularly serious nature, it is likely that you would be detained until the date of the hearing."

[olympic 0]

He should talk to a US immigration lawyer and a canadian criminal lawyer. You don't say enough facts to be able to form an opinion with any degree of certainty. One would need to examine the canadian statute in question, the age at the time the offense was committed etc to evaluate any potential inadmissibility issues.

Whether he should voluntarily go to Canada is also a question that should be discussed with an attorney.

I recently found out that a co-worker had left and married a USC and has now lived in the USA for 1 year. He has just now found out that he is going to be charged with theft over $5,000 in Canada. I guess he'll have to go back to Canada and face charges. So what will happen to him?

Will he be able to re-enter the US, and if so when he goes to apply after 2 years for his AOS, will he be denied and have to go back to live in Canada..

Just curious.

Thanks

[mystic 11]

As the others said, IF CONVICTED he wont be allowed back into states and certainly wont be allowed to ROC but only a conviction holds any bearing, charges are not really considered.

[olympic 0]

It depends on the canadian statute under which he is convicted, for example "theft with an intent to temporarily deprive" need not make him inadmissible if the potential sentence is short.

As the others said, IF CONVICTED he wont be allowed back into states and certainly wont be allowed to ROC but only a conviction holds any bearing, charges are not really considered.