Steve_

There is no formal list of what is a CIMT, it's subjective and different appeals courts have applied it in different ways. There is guidance on what a CIMT can be but it's an issue that comes up in court quite frequently. At least the Canadian definition is clearer.

Also the US prohibits anyone who has committed an "aggravated felony" from the US, and that means a crime that can be punished by more than one year in prison and involves an element of violence. At one point they put an adopted German woman into removal proceedings who had been involved in a fight as a teenager in school and been ticketed for it, she only avoided being removed because the governor of Georgia pardoned her. At one point they were applying this to DUIs and there is evidence since Trump's EO on internal enforcement they've gone back to applying to it to DUIs.

So it might be a theoretical ten year sentence under Canadian law, but it's a one-year theoretical sentence under US law.

Anyway you've reminded me why I was so keen on getting citizenship, because I was always worried I'd accidentally run someone over during winter and get deported!

Pulaski

But it asks if he was arrested, and he was, so the rest of your advice is moot anyway.

Snowy560

The OP must declare the arrest, the outcome and the denial of entry to the US. You've already experienced what happens when you don't tell the truth. Worse things happen. You were denied entry to the US because you lied: not because of the arrest. But you know this.

hungryhorace

Did you need to? The question doesn't ask 'have you ever been arrested - yes / no', it asks a far more qualified question.

Seems like something is amiss. What were you arrested for?

hungryhorace

I hate advice like this. A traveller must only declare what is asked. End of.

hungryhorace

Would? Nonsense.

Could? Yes, but only if the answer was material to a decision.

Vulcanoid

One of the eTA questions is "Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country/territory."

In order to get an eTA, the traveller must declare the arrest (or, lie on the form which is a horrible idea). Since the only way to get to Canada is across the land border (Canada only has 1, and OP has been denied entry to the US), or via sea or air which require an eTA, OP must declare the arrest.

hungryhorace

In this case, based on the question, yes. I entirely agree.

christmasoompa

So after telling poor Snowy that you 'hate advice like this' you now agree that her advice was correct? Canada has very different visa/immigration requirements to the US, and the advice given to the OP is specific to Canada, and correct.

hungryhorace

I was making the point that their blanket statement needed further clarification (ie, citing the specific question asked). That was then provided, to which I agreed with the answer based on the question cited.

PS - you shouldn't use terms such as 'poor' to describe people. It's offensive in my experience.

christmasoompa

See post no. 7, which has already given the exact wording of the question. Maybe read the whole thread next time before shooting people down for their advice?

hungryhorace

I get that. I'm simply making the point that it would have been useful to cite the relevant question either prior or during the answer, especially if one reads a thread half way through (hence the usefulness of quoting).

OrangeMango

I am not advocating anybody to commit anything here. That's your interpretation.

English is also not my 1st language. To me the question mentioned a couple of different events together with a crime in any country or territory. To answer with yes, any or at least one, of the stated option in that question, together with any criminal offense must have happened. ( Arrest and warning would be a clear "no", arrest and criminal conviction a "yes" ) The usage of the word "for" would be like an "and".

To me, for a crime to happen, one must at least have been in a trial, in front of a judge. Then there will be a charge, a conviction by a judge and sentence.

As far as I know, if one gets arrested, the officer must say for what one is under arrest for and what the consequences are.

The background of what happened, - I don't have exactly. I have also never applied for an aTA. I think that's for non citizens traveling to Canada?

hungryhorace

Well that's grossly wrong for starters.

OrangeMango

I don't quite think that the police in Canada can just arrest anybody at will, and neither that's the case in the UK.

They must read the arrested person the reason for the arrest, etc....

It's not that Canada is a police state. Not yet, I know Harper tried a lot..... :-)