QUESTION: My fiance and I have had a wedding planned in Las Vegas for the last year. We have 70 people attending and they have already paid for their trips in full. Back in April, my fiance got into an altercation and was charged with assault causing bodily harm. The court has decided to charge by way of Summary Conviction.
The court date was pushed back so he has not yet been convicted. Will we be allowed to cross the border from Alberta by plane if we can have the documents showing it is by way of Summary Conviction?
REPLY: Thank you for your message below. Congratulations on the wedding!!
While I cannot offer you specific legal advice, I can provide you with some useful information. So long as there is only one (1) summary conviction, and the individual has no other criminal record, disposal of the criminal charge by summary conviction should not affect admissibility to the U.S. This is because Canadian summary convictions qualify for the “petty offense exception” provided for under the U.S. Immigration and Nationality Act (INA) § 212(a)(2)(A)(ii)(II). Thus, Canadian citizens with only one (1) conviction, which was disposed of via summary conviction, do not require a waiver of inadmissibility to enter the U.S.
Even if the case is not disposed of by summary conviction, there is question as to whether a conviction under § 267 of the Canadian Criminal Code [assault causing bodily harm] is an offense that renders someone inadmissible to the U.S.
If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation.