Will a covid violation ticket affect immigration?

[MollyMargaret 0]

I got a covid violation ticket in Canada back in May for returning from visiting my then boyfriend (now fiancé) and not getting a Covid test beforehand. It was accidental and since it’s $3500 I’m disputing it with the courts. It’s not a criminal matter and is classified as a ticket. They are allowing me to do trial over zoom but haven’t set a date yet. I am wondering if this will affect my immigration as we are now beginning the process to adjust status. This is very scary for me and the anxiety over this ticket has been keeping me up, I can’t find anything on the matter online since these tickets are new and a grey legal area. Anyone know if this will be an issue or not? 

[wagecuck3 31]

On 11/25/2021 at 6:55 PM, MollyMargaret said:

I got a covid violation ticket in Canada back in May for returning from visiting my then boyfriend (now fiancé) and not getting a Covid test beforehand. It was accidental and since it’s $3500 I’m disputing it with the courts. It’s not a criminal matter and is classified as a ticket. They are allowing me to do trial over zoom but haven’t set a date yet. I am wondering if this will affect my immigration as we are now beginning the process to adjust status. This is very scary for me and the anxiety over this ticket has been keeping me up, I can’t find anything on the matter online since these tickets are new and a grey legal area. Anyone know if this will be an issue or not? 

Please consult an experienced immigration lawyer immediately.

 

I'm assuming you are accused of committing an offence under section 58(1) of the Quarantine Act. The bottom line here is that the maximum possible penalty for such an offence is 6 months of imprisonment, and even if you received that maximum sentence, it would not be considered severe enough to bar you from the United States, as long as you don't commit any other crimes. See INA 212(a)(2)(A)(ii)(II).

 

Still, your case should be handled by an experienced lawyer, because they will need to know what documents to submit in order to establish the fact that you are not inadmissible to the United States. If you mess up the documents, it doesn't mean you will get banned from the United States, but it can result in the denial of your application and you may be forced to renew the application in immigration court, which will be expensive and take a very long time to resolve.

[MollyMargaret 0]

22 minutes ago, wagecuck3 said:

Please consult an experienced immigration lawyer immediately.

 

I'm assuming you are accused of committing an offence under section 58(1) of the Quarantine Act. The bottom line here is that the maximum possible penalty for such an offence is 6 months of imprisonment, and even if you received that maximum sentence, it would not be considered severe enough to bar you from the United States, as long as you don't commit any other crimes. See INA 212(a)(2)(A)(ii)(II).

 

Still, your case should be handled by an experienced lawyer, because they will need to know what documents to submit in order to establish the fact that you are not inadmissible to the United States. If you mess up the documents, it doesn't mean you will get banned from the United States, but it can result in the denial of your application and you may be forced to renew the application in immigration court, which will be expensive and take a very long time to resolve.

Thank you, I got some clarification again from the courts. They told me that it’s in the same category as a traffic ticket? This is so confusing. Anyways. They also told me it probably wouldn’t see trial until almost 2023, maybe later. It’s a ticket under the contraventions act, and is not anything criminal. So I don’t see how it could affect anything but again you never know. I’ll make a consultation with a lawyer regarding this.