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I am a Canadian citizen, with permanent residence in US, with a 2 yr probation for misdemeanor, can I travel to Canada and back?

Glendale, CA |

I have received my Green Card by marriage, my husband is a US citizen, I have a probabtion for 2 years ending in February 2014 for a misdeamenor charge.

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Attorney answers 6


It depends on the misdemeanor.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Some crimes may create inadmissibility grounds even if it is only a misdemeanor.


The easy answer is to check with your probation officer. If you have "unsupervised" probation, then it is important to review your conviction and order to determine whether any travel limitations were ordered. If not, the safest answer is to motion the Court for permission for such travel. Make sure you describe the extent that you want to conduct this travel, so limitations don't get you in a bind.


I agree with my colleagues, because some misdemeanors allow the government to decide that you are inadmissible, so when you try to reenter the US from Canada, they may not allow you back in without a waiver. I would consult with an immigration attorney before traveling outside the country.


I recommend that you do NOT leave the US until:

1. After you have met with an immigration attorney and'
2. After you have completed your probation .. even then, don't travel if your immigration attorney recommends against it.

Some misdemeanors are quite serious crimes in the eyes of the immigration service.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Some misdemeanors can cause you to be inadmissible. You should discuss with an immigration attorney who can review the conviction and then advise you accordingly. Until then, I would advise you NOT to leave the country.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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