• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Desperate for advice...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Or Not

Member
What is the name of your state? California (where the incident took place & where I lived at the time.)

Condensed version:

These are my questions...
What if anything, can be done to be done to clear this DUI off my record so I can immigrate?
What are the benefits of a US lawyer vs a Canadian lawyer at this point (and should I retain both)?
Any advice?




Extended version:


In April of 2002 I was convicted of DUI in California. I completed alcohol rehabilitation, paid all related fees and fines, got my licence re-instated fully without restriction. I did not retain a lawyer, I knew I was guilty as charged.

In 2004 I married a Canadian citizen. We've gone through the application process for me to immigrate to Canada as a permament resident. I've been forthcoming about above mentioned DUI and included all related case paperwork. Although I've been living in Canada while awaiting response to our PR request, I've traveled extensively (world wide, and back and forth to the states.) I've crossed the border into literally 20+ times in the past 5 years, and 3 of them stating I was living here in Canada when doing so... I've never had any problem (only slight delays while speaking to immigration officers, to be expected.)

Two weeks ago (ironically, the day I came home from my most recent trip, and came through immigration) I recieved notice that I'm inadmissable to Canada, due to the above mentioned DUI. In the letter (mailed to my house in Canada) it expressly states Do NOT attempt to enter Canada.

I've retained a canadian immigration lawyer. We've only met briefly, signed an appeal and the retainer. He's gathering information and sending the appeal out...but in the mean time, I am (needless to say) EXTREMELY concerned about this situation, and I'm hoping to get some more imput.

These are my questions...
What if anything, can be done to be done to clear this DUI off my record so I can immigrate?
What are the benefits of a US lawyer vs a Canadian lawyer at this point (and should I retain both)?
Any advice?

Thank you for your time and consideration.
 


SHORTY LONG

Senior Member
Since you already have engaged the services of an Attorney, then, it would not be
ethical to comment on your Immigration problem at this time.

I will suggest, that you might want to consider contacting the Administrative Judge
at the Court in California where you had your dealings with, and respectfully ask,
if it is possible for you to make application for expungement of your DUI.
 

Or Not

Member
I wasn't aware of a potential conflict of interest, thank you for bringing that to my attention.

I sincerely appreciate the information you were able to provide.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top