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re-entry into USA

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angiehoffmann

Junior Member
What is the name of your state (only U.S. law)? california

I am a canadian citizen with a 10 year green card. I got a felony DUI in 2012 (it was a felony because there was bodily injury - i had an accident and injured someone), was sentenced august 2012, have had the charge reduced and expunged. I know I can enter canada with the DUI because I hold a canadian passport, but my concern is re-entering the USA. My immigration attorney is telling me i should not go until i have citizenship. He said i can apply for citizenship 5 years after my conviction date. However he said there is no guarantee ill even get citizenship. Im looking for any info from anyones who's possibly been in my shoes....
 


FlyingRon

Senior Member
I'm confused about your immigration attorney's advice. First, if you stay in Canada for an extended period two things are going to happen:

1. First, you will be considered to have abandoned your permanent residence in the US.
2. You will not meet the presence tests for naturalization.

Further, even with bodily injury, the US doesn't typically deny entry to people (that's a bit of Canadian fascism). Is this "immigration attorney" a "US Immigration Attorney"
 

angiehoffmann

Junior Member
I'm confused about your immigration attorney's advice. First, if you stay in Canada for an extended period two things are going to happen:

1. First, you will be considered to have abandoned your permanent residence in the US.
2. You will not meet the presence tests for naturalization.

Further, even with bodily injury, the US doesn't typically deny entry to people (that's a bit of Canadian fascism). Is this "immigration attorney" a "US Immigration Attorney"

Thank you for your reply! I would only be going to canada for a week or 2, just to visit my hometown and visit relatives with my new baby.
The immigration attorney is American, we're in Los Angeles, I've been using his services for 7 years now, he's always been a 'worst case scenario' type of attorney (I've had to ask advice about my immigration status and the felony charge and such).
I emailed homeland security and they told me that there was no reason to deny my re-entry but I just want to ask every possible resource i can find before making that decision.
 

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