lairdside

Hi guys,

This doesn't stricly belong in this forum but I hope it's ok as this is where I know people and value the opinions on here. I have a scenario to put to you guys, it is the dilemma of a friend.

My friend (from the UK) would love to visit me here in the US but has given up all hope of being able to visit the US as last year he was stopped by Canadian customs with 1/8th of an oz of weed. Not much was said but they did stamp it in his passport. He is still permitted to enter Canada (he goes there to snowboard) but they take him one side when he is leaving.

Are they going to consider this a CIMT and basically ban him? I'm not sure what his position is, he'd love to visit dearly (You guys have ANY idea how much snow we have here right now??!! )

Any thoughts, pointers and if appropriate recommendations for a good UK based US Immigration attorney appreciated.

*hugs to all*

Victoria.

lairdside

Bump.

ian-mstm

This is just a thought, but couldn't he simply apply for a new passport?


He's not immigrating is he? I mean, it sounds as though he's just visiting. If so, I'm not sure that a CIMT is applicable here.

That said, I worked at a federal prison for 2.5 years - and the place was full of folks who got caught for various drug offenses.

Ian

AmberNickVN

**bring out the extra 5 feet entension to the 10-foot pole**

Mrtravel

lairdside wrote:

    > Hi guys,
    >
    > This doesn't stricly belong in this forum but I hope it's ok as this is
    > where I know people and value the opinions on here. I have a scenario to
    > put to you guys, it is the dilemma of a friend.
    >
    > My friend (from the UK) would love to visit me here in the US but has
    > given up all hope of being able to visit the US as last year he was
    > stopped by Canadian customs with 1/8th of an oz of weed. Not much was
    > said but they did stamp it in his passport. He is still permitted to
    > enter Canada (he goes there to snowboard) but they take him one side
    > when he is leaving.
    >
    > Are they going to consider this a CIMT and basically ban him? I'm not
    > sure what his position is, he'd love to visit dearly (You guys have ANY
    > idea how much snow we have here right now??!! :D )
    >
    > Any thoughts, pointers and if appropriate recommendations for a good UK
    > based US Immigration attorney appreciated.

Was he arrested, charged, etc?
Without knowing the circumstances, it is impossible to know if he even
qualifies for entry under VWP or whether he would be required to get a
tourist visa.

meauxna

er, wrong pole, unless Vic's getting bigamatic on us

V, why not post it over at alt.visa.us (via BE) and see what crg & Ingo & them say? They're a bit more familiar with the visitor visas than we... (although, if you haven't been able to find it out, don't know who would!)

Rete

If he wasn't charged with an offense, arrested and tried and sentenced, then pragmatically "where was the crime" to constitute a CMT and why would he need a formal visa as opposed to just using the VWP for entry?

Rete

PS Take it you fared well with the snow in the Tahoe region. My daughter arrived there three days before the big one and was housebound for almost a week before being able to venture out and about.

lairdside

I thought that but he said it showed when they "scanned his passport". I said, on whose system, the Canadians?

I know the CIMT analogy is tenuous, I just am cautious when dealing with immigration, they don't need ANY reason to refuse entry to him afterall.

lairdside

Thanks Rete,I thought the same but I just don't trust 'em.. if you know what I mean. Complacency and immigration matters are not bedfellows in my book.

He told me that a travel agent had advised him that he'd "Have no chance" of visiting the US because of what had happened with Canadian customs.

I told him that with respect, a travel agent was NOT a US immigration attorney and that was who he should speak to for a proper answer.

I and he are just wary of his being turned around at POE, that would really, REALLY suck, ya know?

Snow? Did someone say SNOW???

YEAH!!! Kirkwood has 22 ft of base right now, I got a new board this Winter (Voile split 165cm) and have been busy ripping the mountain like you'd better believe

lairdside

Thank you and *hugs* btw... I will do. Ingo and Sylvia might have a shot at this I guess although a drugs related offence is an awkward area I suspect.

If anyone can come up with a recommendation for a Uk based US immigration attorney I think that may be the way to go ultimately. I will talk to him on the phone tomorrow, see how much more detail I can get out of him. Trouble is I suspect that he doesn't fully understand what happened. I suspect the Canadians put a "code" denoting the offence in his passport and a stamp. I can get details of this from him... then I need someone familiar with Canadian immigration to tell me what it means..lmao

Swings and roundabouts!

All we want to do is ride!!

Jonathan McNeil Wong

lairdside wrote:
    >>If he wasn't charged with an offense, arrested and tried and
    >>sentenced, then pragmatically "where was the crime" to constitute a
    >>CMT and why would he need a formal visa as opposed to just using the
    >>VWP for entry?
    >>Rete
    >>PS Take it you fared well with the snow in the Tahoe region. My
    >> daughter arrived there three days before the big one and was
    >> housebound for almost a week before being able to venture out and
    >> about.
    >
    >
    > Thanks Rete,I thought the same but I just don't trust 'em.. if you
    > know what I mean. Complacency and immigration matters are not
    > bedfellows in my book.
    >
    > He told me that a travel agent had advised him that he'd "Have no
    > chance" of visiting the US because of what had happened with
    > Canadian customs.
    >
    > I told him that with respect, a travel agent was NOT a US immigration
    > attorney and that was who he should speak to for a proper answer.
    >
    > I and he are just wary of his being turned around at POE, that would
    > really, REALLY suck, ya know? :(
    >
    > Snow? Did someone say SNOW???
    >
    > YEAH!!! Kirkwood has 22 ft of base right now, I got a new board this
    > Winter (Voile split 165cm) and have been busy ripping the mountain like
    > you'd better believe :D
    >

Actually I think you would do better consulting with a Canadian based
U.S. immigration attorney because the infraction if any would appear to
have been committed under Canadian law. U.S. immigration law looks to
local law for questions like these, so it's important to know what the
nature of the offense was under Canadian law.

Illustration: I had a client once who was convicted of receiving stolen
property under the law of a foreign nation (I am being deliberately
vague to preserve confidentiality). We were able to demonstrate that
the crime of receiving stolen property under the law of that nation did
not require that the receiver know that the property was stolen (my
client didn't know). Therefore, it was not a crime of moral turpitude,
and therefore it did not operate to disqualify my client from the relief
sought.



--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

lairdside

Thak you Jonathan. I had the feeling that I may have opened a can of worms. I do know an immigration attorney in NYC, a very pleasant lady who happens to be qualified to practice law in both Canada and the US and is an immigration attorney so perhaps I need to look her up.

lairdside

I posted all of the details I have, vague I know and as I said I'll get more out of him on the phone today.

No, I don't believe that he was either arrested or charged from that which I currently know.