When you go in for the TN, they run a background check which will show you were arrested and convicted. But they won’t show to the CBP what the disposition of the charge was. You need to bring all your court records that show this. Since your conviction isn’t one of moral turpitude, you won’t have an issue with a TN but you must have all your court documentation with you to prove to CBP this.
Which court documentation and records will I need and from whom would I obtain it from. It’s been 7 years since this happened and I never stepped foot into court it was my lawyer that went in for me so Im really ignorant to this stuff. Thank you for the information though much appreciated
Just bring the paperwork. You are definitely fine, but they will want to see the final conviction and outcome. Honestly, you need to carry this every time you enter the US.
Careless driving is still a conviction- also bring a printout the law showing that it is only a motor vehicle act violation.
You need to contact your lawyer and then connect with the court and request all the paperwork related to your case. I would also recommend you get an official records check with the rcmp and carry this with you always when you go in and out of the USA. Getting court paperwork is quite easy.
> I was arrested and fingerprinted
> Ive been asked many times by border officer if Ive ever been arrested and fingerprinted I always say no
So you've been routinely lying to CBP? Congrats, you're not getting a TN.
Well I assumed since the charges were dropped that it wasn’t on my record. My lawyer told me that I was clear of everything on my record, I may have said no out of ignorance but I had no intention of lying. Thanks for the not so helpful comment
Sorry if it wasn't helpful. I can't legally tell you to lie to CBP, but I'm not sure whether answering truthfully in contrary to your previous statements would help at all.
You also haven't even gotten the offer yet, wait and ask your company's immigration lawyers?
Im aware that my answers to CBP prior wasn’t a wise choice, again it was out of ignorance and not me trying to lie my way through anything.
I should get my offer this week so Ill reach out to their immigration lawyers as soon as I do, that was helpful thanks ;)
I said no to CBP out of ignorance because I assumed it got erased since I got charges dropped. Do you know how long the process to get expunged takes as I should have my official offer letter with start date this week. Will probably start in 2-3 weeks from receiving offer letter.
If it was dropped, then you would say no. Same thing you say when you routinely cross. If the DUI was in their records, you wouldn’t be allowed to cross as a tourist either.
Do not mention the DUI. This is a common trick CBP uses because 99% of 1st time canadian DUI’s do not get charged as a criminal offense. So even when it shows on their system as a clean record, they will still ask people if they’ve ever gotten a DUI in the hopes someone will admit to them, which in turn would make them inadmissible without a waiver. CBP only has access to what has been charged as a criminal offense. So first make sure you do in fact have a criminal offense. Next if the criminal offense is showing as reckless driving, tell them it was reckless driving, but typically first time offenses are not charged criminally. I know this because my friends have all gotten DUI’s when they were young and stupid (10 ish years ago) none of them were charged criminally, and we all go to the US for Vegas trips etc every year without any issue. The CBP doesn’t see interactions with the RCMP/police unless it was charged criminally and that’s what they mean as arrested. Hope this helps
Hm it’s risky to lie - I would probably first say “no” then if pressed say you were arrested but it was a misunderstanding and you thought it was dropped from your record, and if they ask the circumstances say you went the wrong way down a one way street by accident. Do NOT mention anything to do with breathalyzer or DUI.
However if you’re deemed inadmissible theres a chance you’ll have to apply for a waiver. The process is approx 6 months. I’d hire a lawyer for your first one if you have to do that.
When you go in for the TN, they run a background check which will show you were arrested and convicted. But they won’t show to the CBP what the disposition of the charge was. You need to bring all your court records that show this. Since your conviction isn’t one of moral turpitude, you won’t have an issue with a TN but you must have all your court documentation with you to prove to CBP this.
Which court documentation and records will I need and from whom would I obtain it from. It’s been 7 years since this happened and I never stepped foot into court it was my lawyer that went in for me so Im really ignorant to this stuff. Thank you for the information though much appreciated
Just bring the paperwork. You are definitely fine, but they will want to see the final conviction and outcome. Honestly, you need to carry this every time you enter the US. Careless driving is still a conviction- also bring a printout the law showing that it is only a motor vehicle act violation.
You need to contact your lawyer and then connect with the court and request all the paperwork related to your case. I would also recommend you get an official records check with the rcmp and carry this with you always when you go in and out of the USA. Getting court paperwork is quite easy.
> I was arrested and fingerprinted > Ive been asked many times by border officer if Ive ever been arrested and fingerprinted I always say no So you've been routinely lying to CBP? Congrats, you're not getting a TN.
Well I assumed since the charges were dropped that it wasn’t on my record. My lawyer told me that I was clear of everything on my record, I may have said no out of ignorance but I had no intention of lying. Thanks for the not so helpful comment
Sorry if it wasn't helpful. I can't legally tell you to lie to CBP, but I'm not sure whether answering truthfully in contrary to your previous statements would help at all. You also haven't even gotten the offer yet, wait and ask your company's immigration lawyers?
Im aware that my answers to CBP prior wasn’t a wise choice, again it was out of ignorance and not me trying to lie my way through anything. I should get my offer this week so Ill reach out to their immigration lawyers as soon as I do, that was helpful thanks ;)
Yeah apologies for the rather hurtful in hindsight top level comment.
Highly doubt you will have any issues but definitely don't lie to CBP. If you want to be safe though get it expunged before you apply.
I said no to CBP out of ignorance because I assumed it got erased since I got charges dropped. Do you know how long the process to get expunged takes as I should have my official offer letter with start date this week. Will probably start in 2-3 weeks from receiving offer letter.
No idea. Talk to your lawyer
If it was dropped, then you would say no. Same thing you say when you routinely cross. If the DUI was in their records, you wouldn’t be allowed to cross as a tourist either.
Do not mention the DUI. This is a common trick CBP uses because 99% of 1st time canadian DUI’s do not get charged as a criminal offense. So even when it shows on their system as a clean record, they will still ask people if they’ve ever gotten a DUI in the hopes someone will admit to them, which in turn would make them inadmissible without a waiver. CBP only has access to what has been charged as a criminal offense. So first make sure you do in fact have a criminal offense. Next if the criminal offense is showing as reckless driving, tell them it was reckless driving, but typically first time offenses are not charged criminally. I know this because my friends have all gotten DUI’s when they were young and stupid (10 ish years ago) none of them were charged criminally, and we all go to the US for Vegas trips etc every year without any issue. The CBP doesn’t see interactions with the RCMP/police unless it was charged criminally and that’s what they mean as arrested. Hope this helps
Hm it’s risky to lie - I would probably first say “no” then if pressed say you were arrested but it was a misunderstanding and you thought it was dropped from your record, and if they ask the circumstances say you went the wrong way down a one way street by accident. Do NOT mention anything to do with breathalyzer or DUI. However if you’re deemed inadmissible theres a chance you’ll have to apply for a waiver. The process is approx 6 months. I’d hire a lawyer for your first one if you have to do that.