But in this case, we’re talking about someone convicted of a crime outside of the United States. How is “moral turpitude” defined in this case? It’s hard to imagine that the ineligibility would vary from state to state, and that the border from Canada into, say, Maine but not into Minnesota.
Here’s the relevant section of the INA, if you’re interested.
[Aside: I didn’t realize that members of the Communist Party of any country were still barred from entry to the U.S…]
I have a criminal record as a result of a DUI conviction back in the early 80’s.
I’ve just come back to Canada from a visit to Dallas, Texas.
What I’ve learned as stated above is that a DUI conviction will not prevent you from crossing the border into the USA. Canada does consider that a DUI conviction is grounds for refusal of entry.
Some interesting things I’ve learned as a result of my concern for being turned back.
If you have previously been turned back at a border road crossing, it it advisable to report your licence plates stolen several days prior to your re-entry attempt so that you may be issued new numbers.
Do not under any circumstances acquire a pardon. Your conviction will be struck from the available record, however the pardon will be on your record and border officials, unable to determine the nature of the offence will deny you entry.
It is advisable not to lie when faced with direct questions.
I cannot speak to the veracity of the above advice except to say that it was reported to me by individuals with records who frequently cross the border.
I see two problems with that list:
[ol][li]Items 1 and 3 don’t gibe/mesh very well (IMHO).[/li]Submitting a false police report is, in itself, a crime.[/ol]
We used to run into this issue occasionally, back when I did work for a large U.S.-based multinational with a large Canadian operation. (Not being a lawyer, I was not the person assigned to do the research and brief-writing, so what I know is just from office conversations and brainstorming meetings and such.) And lemme tell you, you might be amazed to find out who has a criminal record, and I’m not just talking about DUI.
My understanding of how the anaysis works hinges on determinig whether the conviction outside the U.S. is for an offense which includes the element of moral turpitude. So they look at the Canadian law under which the person was convicted. Here’s an analysis of the term “moral turpitude” in relation to immigration law, froma respected immigration firm (one with which I have no particular connection, BTW):
http://www.visalaw.com/05apr2/2apr205.html
Also, important things to note:
a) even if the conviction has been expunged, or even if you have been pardoned, this does not mean the conviction has disappeared for US immigration purposes;
a determination that you hav committed immigration-related fraud can mean a permanent bar from entering the U.S. in ANY status; and
relatively minor convictions, especially ones that occurred many years ago, can be waived; however, a waiver must be sought from USCIS in advance. For details, see here: