LostinAZ

Hello All, this forum was Highly recommended to me.

Canadian Citizen bf gets misdemeanor DUI, pays all local penalties, gets put in ICE detention, gets out on 5k bond, hires US Imm Atty, gets married to longtime USC gf.

IJ says DUI is NOT a CMT. US Prosecuting Atty brings up a case from 1955!! Case is Continued..

Canadian Citizen's Mother dies in Canada, he is not allowed to travel to the Funeral in Canada.Imm Atty says it will mess up his case here. He is the executor with his brother of rather large estate in Canada.

Back to Imm court, Case will not be terminated, due to him NOW being an Overstay during court proceedings. How can they do this?

Imm Atty gives 2 choices..take VD and leave now to settle estate in Canada and then file I-130 (he will have to stay in Canada for at least 6Mo's for interview)

Or..File I-130 here Now..But says it will take up to 2yrs for him to be able to travel outside of US.

In the meantime Canadian brother wants him to sign off on the estate.

Personally, I think it should be fought all the way. It seems as though the Imm Atty and Prosecuting Atty came up with these solutions, the IJ just granted another continuance.

Any Logical Advice will be appreciated. TY

Noorah101

Hi LostinAZ,

Just wondering what the initials "VD" stand for here?

And also, can't the estate paperwork be settled via Fed Ex deliveries and such?

Not really sure what advice you're seeking...sounds like you have a few options, just need to choose the one that works for you guys.

Best Wishes,
Rene

bionomique

Canadian brother cannot assist his US-bound brother with the administrative elements and then either courier or deliver, or hand carry whatever documents that require signing?

And if this is not practical, has he looked into how difficult it would be to relinquish his executor duties to his brother in Canada?

meauxna

VD = Voluntary Departure, a sometimes cure for these kinds of problems.

Getting married right away might not have helped though...

Folinskyinla

Hi:

You've got an attorney -- listen to her.

On the "overstay" issue -- you don't say how he entered -- but remember that the "3/10 year bars" often don't apply to Canadians -- they are considered to be "duration of status." You don't give enough facts on this one.

On DUI as a "crime involving moral turpitude" -- absent aggravating circumstances, I happen to agree with the IJ. However, again, I don't know the facts. The CIMT issue will become important if there is an application for VD at the end of proceedings [it is NOT necessary for pre-conclusion VD].

Quite frankly, this forum is NOT the place to resolve the issues -- they are complicated.

ian-mstm

He wasn't a prisoner in the US and could have easily left to return to Canada. The issue, I expect, is that he would not be allowed reentry to the US. There is a big difference between the two!


Well then, it seems he has made his choice and must learn to live with it!

Ian

LostinAZ

I Really want to listen to the Atty, thats why you pay them.. This is all sooo confusing

He entered legally through Mexico in Sept 04. He is a Snowbird and has traveled back and forth from Mexico to Canada for years.

Ian..He was a prisoner (sort of anyway)..he was bonded out with terms that he did NOT leave the U.S.

scrubbedexpat099

Absolutely, difficult to have sympathy in these circumstances.

I have no knowledge of Canadian wills but there must be a provision for when an executor does not wish to or can not act, there certainly is in UK and US wills. And like others have said there are other ways if he does wish to act.

Noorah101

I can't tell if the OP is asking about a problem with the alien's immigration, or the execution of the estate.....

Rene

LostinAZ

Need definition of OP..?

Looking for answers/opinions to both issues..please

I suppose, it depends on what is most important to him..because, it seems like, what it boils down to. And me too, as a USC, & taxpayer. For a whole lot of years, to boot!

bionomique

OP = Original Poster, meaning the person who started the conversation

LostinAZ

Thank-You!