Convicted of DUI recently - want to apply for a US job via TN

G

Graduate232

New Member
Good afternoon. I ran across this site and was hoping for some help. Long story short, I was charged for an over 80 milligrams of alcohol in 100 millilitres of blood in Ontario, Canada in May of 2016. At the time, I was working in the US as a daily computer through a TN Visa. I had to quit my position due to my 3 month driving probation and thus sent my I-94 card (which contained my TN Visa stamp / CAR number) to US Immigration through regular mail. I tried to fight the charge and was unsuccessful thus formally being charged in May of 2017 and had my license suspended for 6 months (rather then 1 year probation with the condition of now having a restricted license and needing to drive an alcohol interlock device in my vehicle for a 1 year period). I have been doing a ton of research and from my understanding that I should not have an issue reapplying for an American position (as an Engineer) through the TN program. It was a stupid mistake and I am fully sorry for it. I have the court document and it states that I was summary conviction vs indictable (meaning it is more or less a misdemeanor charge / conviction rather then a felony. I have worked for various companies as a daily commuter under the TN program and have never had an issue with obtaining a TN (I have had at least 4 different TN's assigned to me working close to 9 years total in the US without ever having an issue while in the US aside from 2 minor speeding tickets. I have had some issues in the past (see below) but even with these charges / convictions, I have not had an issue obtaining a TN since they told me these charges were not CIMT's.

Will I have an issue now if I try to cross the border to apply for a US job as a Canadian (I am a Canadian citizen)? Should I wait to apply or what other recommendations does anyone recommend?

Also I realize I have made some mistakes in the past and I offer no excuses for stupidity but wrt the latest charge I had, I was informed my sister was diagnosed with Pancreatic cancer and went out one evening with a few friends to get out of the house and ended up drinking a few glasses of wine. Again, no excuses and it was clearly stupid to drive on my part. I do appreciate any feedback and would like to thank all in advance.

May 2017 - convicted with an 80mg (summary conviction)
June 2002 - convicted with fail to comply with recognizance (probation order) - summarily
June 1999 - spousal assault (charged summarily) - I got into an argument with my ex and she called the police and told them I pushed her while I did not
May 1996 - convicted with fail to comply with probation order - summary conviction
October 1995 - convicted for simple (general) assault - summarily
August 1994 - convicted with an 80mg - summarily

I have been part of the TN program since 1998 and like I mentioned above, I have had at least 4 different ones with the last 2 being assigned in May 2015 and June 2011.

Also, I received a Canadian Pardon for the convictions from 1994 - 2002 in May of 2010
 
You will need to speak to an immigration lawyer.
The pardons you received were the reason you were able to enter US- not because they were os a certain type -- CIMT doesn't apply to entry into US -- any crime does. Now you have another conviction that will prevent you from entering US -- for any reason, let alone work -- unless a lawyer can resolve it.
 
The key to that entire article is"individuals facing criminal charges for a DUI or whom have already been convicted of a DUI should consult with an immigration attorney to determine the potential impact of the conviction on their U.S. immigration status."
 
nelsona said:
You will need to speak to an immigration lawyer.
The pardons you received were the reason you were able to enter US- not because they were os a certain type -- CIMT doesn't apply to entry into US -- any crime does. Now you have another conviction that will prevent you from entering US -- for any reason, let alone work -- unless a lawyer can resolve it.
Click to expand...

Okay - thank you for the feedback Nelsona (as well as you Preet for the article).

From what I have read, my second dui charge would be considered a misdemeanor in the US since I was sentenced as such in Canada (summary conviction). Also I was able to get 3 I-94's / TN stamps prior to receiving my actual Pardon in 2010 (I have had an additional 3 I-94's after 2010) which is why I assumed it did not matter whether I had a Canadian Pardon or not since the US does not recognize them anyway. Also regarding my CIMT comment, I thought that dictated whether or not someone would be admissible into the US and being that my second DUI is a misdemeanor and my first one was so long ago (Michigan law's look back 7 years when someone receives a DUI to determine sentencing) that I would not have an issue being granted a TN now since as a Canadian I technically do not need a TN Visa rather just at TN application to be approved in order to gain TN Status (I am a Canadian Citizen).

Also per Preet's article, I thought that the second misdemeanor DUI should not be an issue since it is not considered a CIMT which is the key when US Customs looks at crimes people are convicted for??

3. Is a DUI Conviction Considered a CIMT?

Generally, a simple DUI conviction with no aggravating factors is not considered a crime involving moral turpitude (CIMT) and should not render a TN visa worker inadmissible to the U.S., or result in a TN visa worker being removed from the U.S. See Lopez-Meza, 22 I. & N. Dec. 1188 (BIA 1999).

However, a DUI offense involving aggravating factors may be considered a CIMT, and may render an individual inadmissible to the U.S., or subject him/her to removal from the U.S. See, e.g. Marmolejo-Campos v. Holder, Op. No. 04-76644 (9th Cir. 2009) (DUI offenses committed with the knowledge that one’s driver’s license has been suspended are CIMTs).
 
It's not a question of visa or not. It's a question of ENTRY on TN. Visa or not, the border could determine that you are inadmissible which is the key issue. The writer of the article deals primarily with Canadians and knows that visas are unnecessary.
Just see a US immig lawyer and get a reliable answer.
 
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