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.
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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