Canada and the U.S. may share a border, but they are definitely different countries with diverse cultures and laws. When Canadian nationals living and working in the U.S. face criminal charges, they are subject not only to U.S. federal and state criminal laws, but also to federal immigration laws if a conviction occurs. Whenever criminal charges intersect with immigration issues, cases quickly become more complex and problematic so legal representation with both criminal and immigration experience can prove invaluable.
Common Charges
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 increased the number of deportable offenses for non-citizens, including Canadians. Any single felony or misdemeanor convictions may result in deportation. This could include crimes like drunken driving, drug possession, theft, domestic violence, fraud and sexual or other assault violations. Federal immigration officials may also consider guilty pleas or dropped charges as convictions in violation of immigration laws, so fighting all charges is imperative.
Penalties
For Canadians and non-citizens, fighting criminal charges can be expensive and time-consuming. Even if a lesser criminal conviction does not end in deportation of an immigrant back to Canada or another country, other problems may arise. Immigration consequences may include ineligibility for naturalization as a U.S. citizen and denied reentry into the U.S. after traveling abroad. If Canadians or other non-citizens have criminal records prior to entering the U.S., especially crimes of moral turpitude, they may be found inadmissible.
Rules to Remember
Any Canadians or non-citizens arrested by U.S. law enforcement officials have rights. They have the right to remain silent, the right to an attorney and the right to a trial. If charged with a crime, Canadians and non-citizens should refrain from making a deal with a prosecutor or pleading no contest to the charges. It is better to seek out an attorney with experience handling criminal cases that can impact immigration issues.
Attorney Assistance
Although Canadian nationals arrested for felony or misdemeanor crimes in the U.S. have rights, they may still face deportation or other immigration consequences if convicted. If you are a Canadian or other non-citizen living and working in the U.S. and were recently arrested for or charged with a crime, you should contact a criminal defense attorney who is knowledgeable about immigration issues and the potential outcomes of any plea bargains or convictions, because you deserve a fighting chance to maintain your life and status in the U.S.
