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In 2000 I was arrested on a DUI in Washington state. I am a Canadian and I was found guilty of the DUI and sentenced to 2 days in jail, fines, rehab and a year suspension from driving. I did not complete all the terms of the sentencing. Last month I contacted the court to see what I needed to do to make good on it and they told me that the judge had closed the case and ordered it destroyed. Although they do have the "court docket" which outlines the whole case, they sent me the court docket which shows a warrant for me that has now been recalled and no longer active it also shows the judge has closed the case, they also sent me a signed letter saying that the supporting documentation for the case has been destroyed, I've spoken to an immigration lawyer in the states who is convinced that I should just go and try to cross and that I don't need a waiver. any thoughts from anyone?
It is true calling DHS will not help. However, there have been some cases where a person was erroneously denied entry and did not need a waiver. It is a case by case basis. However, I would say 75 to 80% of the time you will need a waiver....depending on the offence. An example is that you need a waiver for a B & E but not necessarily for certain other offences. Also, it is true that it is irrelevant that you have travelled many times and not got caught. If nothing else, CBP gets irritated if you bring this up.
Also, it is correct that you will get a September Letter if you were stopped for an offence that does not require a waiver. The big differences in these cases is that you have to know how to present your case in writing to CBP that you qualify for a September Letter.
I answered this in the September letter room but once you are denied entry for ANY reason, you need to apply for a waiver.
Calling Homeland Security will not help you.
They have the opportunity to give you a September Letter if they think stopping you was a mistake.
The fact you traveled many times before this is irrelevant btw. Many people do not get "caught" for years, and then are shocked when they are caught. You are flagged now, but unless someone bothered to check you, they would have no clue you had a record.
Hello
I have 1 charge of theft UNDER from 11 years ago ( I was 18).Received 4 months house arrest and 1 year probation. Have been travelling to the states yearly since and have never had an issue UNTIL last week. Stopped at the border on a random search and denied entry and sent back home. It was awful. I was asked if it was summary or indictable. I answered indictable (flustered under pressure) but have since learned that it was in fact a SUMMARY conviction.
My question is... Theft UNDER is considered a crime of moral turpitude HOWEVER if it was a SUMMARY offence does that make it NOT inadmissible? Is there a phone number or site where I can find this out for sure before I get a waiver? Do I need court documents when travelling?
Please help! :)
On a related question. I was charged with an OUI in MA mis March 2017. I currently live in Toronto, Canada and need to appear in court May 9, 2017 for a prelim hearing. Now does US immigration expect me to get a waiver in a month so that I can appear in court. This is really stressing me out. Any input is greatly appreciated.
Hello Mark66,
Looks like you might need to file for a I-192 Waiver. Reason being is that if you are ever been arrested in the United states, even if you were never convicted of a crime, that means you have been fingerprinted and there will be some evidence of you in their U.S. System of being arrested that Border Service would have access to.
If you get to the border and they ask you "Have you ever been arrested or convicted of a crime" and you answer no, might cause a problem for you. Its best to be on the safe side.
So here is what you will need to do to be certain.
You will need to check the U.S Database to see if there is any record in their system. Even if the court in the U.S. said that your case was 'destroyed' . First step is to do FBI "Identity History Summary Checks" You will need to send your fingerprints and it will take 12-14 weeks to receive a result. Here is the link
https://www.fbi.gov/services/cjis/identity-history-summary-checks
If you are listed in this database (which you probably are) then you 100% need to file for a waiver, don't even attempt to cross to the U.S.
Keep us updated tell us how it goes!
Hello Mark66, I don't think this is a good idea. I'm not sure what they might have on you at the border, if anything at all. But I think it's best to do a little more research before just trying to cross. I say this from my own experience. I did something relatively minor many years ago for which I have no record now. But I attempted to go into the US while there was still something attached to my name. Had I have done my homework and let my name be cleared first, well lets just say I wouldn't be on here offering you my advice right now. No one would be any the wiser and I would be free to travel to the US hassle free. Now I'm caught up in this mess, FOR LIFE!!!
Don't make the same mistake I did. If there's no rush to go to the US, wait and attempt to get the right answer before you go. There are some excellent people on this forum that may be able to answer your question with more certainty, or at least polint you in the right direction. I've received some great advice since joining a little over a month or so.
Be patient and good luck with everything
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