Felony DUI on a TN-Visa. Visa expired, so what now?

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Paulfranklin

New Member
So i was charged with a felony DUI (a tiny injury to someone's finger) as I was t-boned at an intersection after moving my car to avoid a parking ticket (literally 1 block away). I have the worst of luck as I never drive intoxicated, but it really only took one opportunity and bam!

I am possibly facing 3-5 years probation and my visa has expired. I tried to apply for a new one but was rejected. Do you know during these probationary years, what my status is?

Another thing to mention is that I had left the U.S. when applying for a new TN visa, and now I'm only allowed in to appear in court. CBP said to return to them with my conviction notice (once I get it), but I'm curious what my status will be in that case? And will i be able to work?

Paul
 
A criminal record is not a bar to getting TN status from within US, but will result in being inadmissible to US if you leave.
I do not know if you are permitted to leave US while awaiting trial. Your lawyer would be a better person to consult on this. You are out of status at this point, so cannot apply for TN without leaving US to activate it, so you are unlikely to ever work in US for many years.
 
Thank you for your reply!
My confusion is that i'll be Admissible, due to my next court date, but I can't keep flying in and out of the country on a monthly basis to have this issue resolved. I was thinking of simply staying there while this is resolved and allowing my business visa to expire. Either way, i'll be barred from working in the US for many years, at least i'll be saving lots of money and time while awaiting this sentence to carry out.
 
None. You are out-of-status. They can decide whether to kick you out for this reason or the DUI.
 
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