Criminal Law US LPR About to Plea to Simple Assault and Attempt Re-entry

Throw_away_BM

New Member
Jurisdiction
Ontario
Hello,

I have been an U.S. LPR since eight years ago. However after obtaining the green card I spent most of these eight years studying in Canada as a visa student. I have been back to the U.S. sporadically. Last time I was there was mid-December of last year.

I was charged with 3 counts of sex assault in Canada early this year. I am about to plead to one count of simple assault by the way of a plea bargain. The proposed sentence is a 30-day non-reporting probation and CBSA will deport me to the U.S. sometime around December in order to stay within the one year away from the U.S. limit for LPR. There is no violence or domestic element. However, the complainant is female (not a minor) and there are explicitly sexual elements present on the police charging documents. I do not have the exact plea agreement for the simple assault yet.

My questions are:

1. Can I have a lawyer present when CBP inevitably question me about my criminal conviction? Can they deny my re-entry to the U.S.?

2. Will this trigger deportability hearing (CIMT, aggravated felony etc) and what's the likelihood of me losing my LPR status?

3. If I am detained by ICE can I get bond?

Thanks for your time!

Edit: Forgot to mention, my current U.S. address is in California.
 
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I suggest you contact a US immigration lawyer.
You should experience great difficulty if you attempt to enter the US legally.
All criminal records between US and Canada are computerized.
Both border control agents have real time access to the criminal records of those transiting the northern border.

There's nothing a lawyer can do for you at the border, any more than one old do for you if you we're being arrested on the street by local police.

Legal arguments and defenses only take place before a judge in a purr of law.

Canada and the US routinely, regularly deny entry to convicted sexual offenders.

However, discuss your legal options with a US immigration lawyer before embarrassing yourself at any PoE.

As a convicted sexual offender (felon), you might be wise to hunker down in Canada, and explore other options, such as UK, Scotland, Australia, NZ, Ireland, etc...

The US usually permanently bars convicted sexual predators/offenders, especially felons.

The US authorities will have access to ALL police and court records.

You won't be able to obfuscate with the terms of your plea deal.
Don't even try that.
Your deportation will likely be denied, no matter what the Canadian court requires.

Neither country wants to import felons, as each grows enough without importing any.
 
Well perhaps I didn't make the plea agreement clear. The plea is to one count of SIMPLE assault, not sex assault. As such I will not be a convicted sex offender under the criminal code.

As for having a lawyer present, my current understanding is while I am not entitled to an attorney when they question me about my immigration status, any inquiries to my criminal matter will entitle me to have an attorney present. You are right about speaking to an immigration attorney though. I will do that tomorrow.
 
Well perhaps I didn't make the plea agreement clear. The plea is to one count of SIMPLE assault, not sex assault. As such I will not be a convicted sex offender under the criminal code.

As for having a lawyer present, my current understanding is while I am not entitled to an attorney when they question me about my immigration status, any inquiries to my criminal matter will entitle me to have an attorney present. You are right about speaking to an immigration attorney though. I will do that tomorrow.


You were clear, very clear.

Perhaps, I wasn't clear?

One more time, once.

No matter what your plea agreement might state, the border officials will have real time access to your entire case file. If, by chance some glitch prevents that, they'll pursue it until they know every sordid detail of your charges, arrest, plea, and/or trial.

You plead to XXXX.
You were accused of YYYY.
You were arrested for ZZZZ.
The prosecutor charged you with 1111.
You were allowed to plead to 2222.
All of that will immediately, or eventually be known to the US border officials.

The days of doing 3333 in Canada or the US, claiming you were never arrested, or saying your name is Joe Blow, but you're not that Joe Blow, and concealing it from the other side, GONE.

Sexual offenders are generally not allowed to enter the US, plea deal aside.

Legally all a plea deal does is address punishment.
A plea deal isn't a pardon.
A plea deal doesn't erase all that was alleged to have been done.

Good luck.
 
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