Attorneys on Avvo practice US law. They cannot advise you on the laws and requirements of other countries.
You need to contact an attorney in the country in question.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You need to contact an attorney practicing Canadian immigration law, preferably in the city you want to travel to. You can Google those.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Canada can be tough. Contact a lawyer there or its Embassy.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at [email protected] The above answer is for informational purposes only and not meant as legal advice.
Thanks for your inquiry. The answer is that this is a question of domestic Canadian law rather than US law. Each country has its own immigration laws and rules and one country's policies and procedures are not necessarily another's. In this case, the US and Canada share a border and there are procedures for handling cases where a foreign national comes first to Canada and then enters the US from Canada or the other way around by entering the US and then entering Canada from the US. But that does not seem to be the issue here.
I guess that the more appropraite question here would be to figure out why the individual was deported from the US. If it has something to do with a criminal conviction or other criminal history, there may be every reason to believe that the basis upon which the individual was deported in the US may also cause issues in Canada. Again, each country has its own standards as to what makes an individual subject to deportation or otherwise prevents someone from being admitted in another country.
In the US, removal from another country is generally not a consideration when it comes to if an individual was subject to removal in the US or would otherwise be ineligible to come to the US if applying for a visa from abroad. But again the underslying reasons for the deportation from a third country may be very important in the answer to the question.
I would caution you that the idea of using Canada as a close foreign country in which to attempt to return to the US is a REALLY REALLY BAD IDEA. A foreign national who is deported from the US is generally ineligible to return for 10 years. And if that foreign national does not obtain the necessary pemission to return, he may become subject to "reinstatement" of the order of removal upon which the deportation was based. Yes, one can be deported more than once on the same order of removal.
Moreover, returning to the US after being deported is a federal crime and it is one which is increasingly prosecuted by the federal government. What this means is that one can spend time in a federal jail for the offense of returning unlawfully to the US after being deported and then once the jail time has been served, guess what? Deported again.
Now this becomes even more of a potential issue if the reason for the underlying deportation was based on criminal history. A foreign national can literally spend years and years in prison for the offense of returning to this country after having been deported where there is some criminal history that is deemed dangerous or otherwise serious enough. Simply stated, it is not worth it. The US is indeed a great country and I am certain that your friend may have family or friends in the US and perhaps spend a signidficant period of time in the US. But before considering a return to the US, consult with someone who knows the law and can provide a reasoned and thoughtful explanation of the potential consequences of moving forward with any plan.
I don't want to sound too negative, but having seen many foreign nationals do everythign possible to return here to the US after beng deported, the worst possible outcomes must be explained, considered and contemplated.
Another important consideration here is that if your friend may perhaps be eligible to return to the US at some point in the future (perhaps based on a visa petition filed by a spouse, parent or child), returning to the US unlawfully after having been deported can lead to the "permanent bar" requiring the foreign national to spend ten years outside of the US before even being eligible to return to the US based on some type of visa from perhaps a family member or an employer.
Be careful out there and ask lots of questions. Making decisions without understanding the consequences is not a good idea. If there is any doubt, sit with an attorney who can properly advise you and answer your questions. Good luck.
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