Usa Visitor Arrested - Pls Help!

[ssconway]

My brother is a Canadian citizen who is visiting family in Florida. He was arrested for public intoxication and resisting arrest (both misdemenors) on New Year's Eve. They let him go on a signature bond and he just went to court where he was formally charged. He will plead out and was given 2 options: 1) pay massive fine and have record, or 2) probation with a sealed record. Problem is - no one seems to have recognized that he is not American (although he told the cops and the public denfender). What happens to Canadian's who are arrested while visitng USA? The are certain to discover that he does not have a visa of any type and I highly doubt they will put a Canadian on probation here in USA...Will he be removed from the country? Deported?
He is going back to court soon and any help would be so appreciated!

 

[LOSTinAZ]

I'm sure he was fingerprinted. Has he ever been fingerprinted before? Right now, my significant other, a Canadian Citizen, Is in Criminal INS Detention <(PRISON) in US for a misdemeanor DUI. This is his first one ever in his life, at 58 yrs old. I am a USC & this is what I have very expensively learned so far. US may have some issues with Canada for not backing war. #1-speak with a "good"$$ immigration attorney & Do not let him plead him guilty, no matter what a bad offence he has commited. Meaning NEVER step up to the plate and be responsible. If he does it will deem him not of "GOOD Moral Character" But wait, didn't GW Bush get a pardon from Canada for a DUI? Did they re-instate this year? It was to expire Jan 2005. Just don't let him walk in blind like we did.
The first Attorney we hired kept telling us, don't worry they won't mess with Canadian's down here. Don't believe it. They DO! The mistake that my friend made, may cost him everything that he has worked for all his life. Do not shrugg this off.
While we may have an USC driving around with 15 DUI's, that's ok. But one Canadian your gone. If any thing make sure all fines are paid etc. And then tell him to go home now. He may have a hard getting across the boarder into US next time. Better to seek permission. How sad, it has never been like that before.

 

[ssconway]

Yikes - that is exactly what I was afraid of. He was fingerprinted and does have a criminal record up north (nothing too serious, but similar offences). As I mentioned he was truthful with the police and his public defender about his nationality, but all of his paperwork says he is a USC. I did a little more research and the 2 pleas they are going to offer him are definatly of 1st time offenders (they must have seem that he has no record in the US), and the p.d. said he does not know a thing about immigration/deportation law and does not know why the prosecutor offered him 1) pay fines, court costs and get a record, or 2) diversion to probation (alcohol and anger mgmt classes) and no record. But, his final court date id not for 2 weeks and I am sure things could change by then (ie - someone in the prosecutor's office actually doing thier job and finding out he has a record, contacting INS).
I can't beleive your friend is in INS detention for a DUI with no record! Will they be deported? How long after thier 'guilty' plea were they placed in INS custody?
I am trying to understand what you meant by pay the fines and get out of the US on your own? Is there a chance they will let him plead out AND THEN send INS?
This is all so damn scary and the thought that the US maight have some anti-Canadian notions becuase of Iraq seems to be true but very disturbing. The fact the GWB got a pardon for a DUI in Canada is just disgusting... Sometimes I wonder why the hell I want to live in the US...
Thanks for all your input so far - any additioal thoughts would be great!

 

[puicac]

Canadians do not need visa/passport to visit US & can work unlimited years -TN status

I am a naturalized Canadian pursuing the PR in US too and I can tell you that Canadian citizens DOES NOT NEED A VISA to enter in US, this is based on reciprocity agreement (also NAFTA does exists – North American Free Trade Agreement), Canadians do not need visa or passport to visit US, the Canadian citizenship card is sufficient enough, and Canadians can work un unlimited number of years based on NAFTA in US (TN status yearly renewable).
Canadians are NOT in the same boat as the rest of the world in relations with US authorities, and in cases like the described one, that particular Canadian citizen should contact without delay any Canadian consulate for official help & representation – this is the best official approach (!)