Canadians in Texas with DWI's
May 9, 2011 9:26 AM Subscribe
TN-1 Visa + DWI. What am I in for?
Friday evening I was pulled over in TX for speeding. I refused both the field sobriety check and the on-the-spot breathalyzer check. FWIW, it is common wisdom around here that refusing all of the on-the-spot checks is a Good Idea(TM).
I was booked, spent 20+hrs in jail, and have been released on a PR Bond. I have an appointment to see a lawyer tomorrow, and everything looks fairly standard and understandable, but I can't find anyone to answer my questions regarding my special snowflake visa status.
I am a Canadian citizen, who is a resident of the USA for tax purposes, working under a TN-1 Visa. When I spoke with ICE at the time of arrest, they informed me that I was not to be deported over this offence (which is a weight off of my mind). I asked quickly whether future renewals of my Visa might be affected, and the officer said 'no', but I'm not sure I have complete confidence in his answer.
Another concern I have relates to conditions of probation (from what I've heard most everyone gets probation on a first offence like this). Has anyone got any experience with being an international citizen on probation or driving on a restricted license in Texas? Will I be able to leave the country to visit family during the period of probation, or will I be required to stay in the USA/Texas/County?
I understand that YANML, and that anything I hear here will be anecdotal, but I'm looking for as much information as possible now so that I have the right questions to ask of my lawyer(s) going forward.
To recap
1 - is a DWI (Class B Misdemeanor in TX) on my record likely to negatively affect my TN-1 renewal in two years
2 - how is probation handled with international citizens with limited residency visas?
Any and all information, including recommendations to Travis County lawyers who might have specializations in this, is appreciated.
Friday evening I was pulled over in TX for speeding. I refused both the field sobriety check and the on-the-spot breathalyzer check. FWIW, it is common wisdom around here that refusing all of the on-the-spot checks is a Good Idea(TM).
I was booked, spent 20+hrs in jail, and have been released on a PR Bond. I have an appointment to see a lawyer tomorrow, and everything looks fairly standard and understandable, but I can't find anyone to answer my questions regarding my special snowflake visa status.
I am a Canadian citizen, who is a resident of the USA for tax purposes, working under a TN-1 Visa. When I spoke with ICE at the time of arrest, they informed me that I was not to be deported over this offence (which is a weight off of my mind). I asked quickly whether future renewals of my Visa might be affected, and the officer said 'no', but I'm not sure I have complete confidence in his answer.
Another concern I have relates to conditions of probation (from what I've heard most everyone gets probation on a first offence like this). Has anyone got any experience with being an international citizen on probation or driving on a restricted license in Texas? Will I be able to leave the country to visit family during the period of probation, or will I be required to stay in the USA/Texas/County?
I understand that YANML, and that anything I hear here will be anecdotal, but I'm looking for as much information as possible now so that I have the right questions to ask of my lawyer(s) going forward.
To recap
1 - is a DWI (Class B Misdemeanor in TX) on my record likely to negatively affect my TN-1 renewal in two years
2 - how is probation handled with international citizens with limited residency visas?
Any and all information, including recommendations to Travis County lawyers who might have specializations in this, is appreciated.
If it were me, I would consult two attorneys, and DUI attorney and an immigration attorney. I would make sure they talk to each other. Anecdotally, and outside of your jurisdiction, I've seen defendants on probation on international visas be allowed trips home to visit family. Frankly, if you don't come back it's not really probation's problem, since you've reduced the burden on them, and you're likely to go into jail if you come back into the state and are arrested. The mentality on this point seems to vary from judge to judge though; some see the restriction on out of state travel as a component of the punishment.
posted by craven_morhead at 11:09 AM on May 9, 2011
posted by craven_morhead at 11:09 AM on May 9, 2011
nthing consulting an immigration attorney. If you don't have one in TX, FosterQuan.LLP is the biggest local specialist (no idea if they're the best, or cheapest, but they're the biggest).
While they'll charge you $150 to answer your email, that's better than being denied re-entry.
posted by Mad_Carew at 11:13 AM on May 9, 2011
While they'll charge you $150 to answer your email, that's better than being denied re-entry.
posted by Mad_Carew at 11:13 AM on May 9, 2011
Getting a TN-visa is at the will of the border officials if I remember correctly "No assurances regarding the issuance of visas can be given in advance." So even with lawyerly assurance, you might not get another visa to work in the US. But I'm not a lawyer and the TN stuff has changed a bit since I had one.
posted by hydrobatidae at 11:21 AM on May 9, 2011
posted by hydrobatidae at 11:21 AM on May 9, 2011
Talk to an immigration lawyer as well as your criminal lawyer. Your concern here is not just what will happen immediately, but the long-term consequences are (in case you want to get a green card later, for instance). I used to work for an immigration lawyer and I've seen that kind of thing bite people in the ass later. I've also seen weird shit with TNs at the border and a consultation can get you ready for that.
I don't have a specific attorney recommendation in Travis County, but when I worked in Houston, Foster and Quan (who were not at the same firm) were both highly regarded. I can toss a Houston recommendation your way if you want one. Talk to a business specialist, though: this is not a case where you want a family specialist who occasionally does a TN.
posted by immlass at 11:24 AM on May 9, 2011
I don't have a specific attorney recommendation in Travis County, but when I worked in Houston, Foster and Quan (who were not at the same firm) were both highly regarded. I can toss a Houston recommendation your way if you want one. Talk to a business specialist, though: this is not a case where you want a family specialist who occasionally does a TN.
posted by immlass at 11:24 AM on May 9, 2011
My German boyfriend got a DUI in Austin while he was there on a student visa. He went through the night in jail and court and everything, and never had a problem. He's now in some other country for a postdoc and has been back and forth to the United States on tourist visas since then.
No one would really give him straight answers--he talked to his attorney, the judge, and international student services at UT--how it was explained to him was that if someone wanted to, they could use this as a reason to give him a hard time, but they almost definitely would not. So no one would outright say "definitely no problem ever," but physics doctoral students from Germany are not on Immigration's high-priority list, and Canadians probably aren't either. Unless you are ambiguously brown.
As far as his continuing to drive, I'm not so clear. I think the offense was separated into criminal and civil crimes, and taking away his drivers license had to do with the civil, or something. They did take his license away for some time and I think he had to pay some kind of fine to get it back, and/or take some classes... But at no point did I hear anything having to do with whether he had or could use his drivers license being affected by his residency status. I don't think being foreign ever came up through the whole proceeding, besides his own worries, and he never even spoke to an immigration lawyer.
The only problem he actually came across was that he couldn't apply to jobs in Canada with the DUI on his record.
posted by thebazilist at 11:25 AM on May 9, 2011
No one would really give him straight answers--he talked to his attorney, the judge, and international student services at UT--how it was explained to him was that if someone wanted to, they could use this as a reason to give him a hard time, but they almost definitely would not. So no one would outright say "definitely no problem ever," but physics doctoral students from Germany are not on Immigration's high-priority list, and Canadians probably aren't either. Unless you are ambiguously brown.
As far as his continuing to drive, I'm not so clear. I think the offense was separated into criminal and civil crimes, and taking away his drivers license had to do with the civil, or something. They did take his license away for some time and I think he had to pay some kind of fine to get it back, and/or take some classes... But at no point did I hear anything having to do with whether he had or could use his drivers license being affected by his residency status. I don't think being foreign ever came up through the whole proceeding, besides his own worries, and he never even spoke to an immigration lawyer.
The only problem he actually came across was that he couldn't apply to jobs in Canada with the DUI on his record.
posted by thebazilist at 11:25 AM on May 9, 2011
Oh and speaking of probation, there were two options that he could have taken, one of which included a year or so where he couldn't leave Travis County. He chose the other option since he was planning to graduate and leave the country, but I'm so sorry, I don't remember what the other option was. I think it might have been spending another two nights in jail, and/or settling, and/or admitting some kind of guilt or something.
posted by thebazilist at 11:31 AM on May 9, 2011
posted by thebazilist at 11:31 AM on May 9, 2011
Given that you didn't assist the officers by giving your breath or field sobriety testing, I hope your attorney is getting you off or getting this dropped to a traffic offense. Was this a "no refusal" weekend when you were arrested? If that's the case and they have your blood, you have my condolences.
IANAL but from experience with friends in Travis Co who didn't submit, there's plenty of mouthpieces in this town who should be getting this taken down to an Improper Lane Change or something similar (unless your custody video shows you drunk as a skunk).
posted by screamingnotlaughing at 9:34 AM on May 10, 2011
IANAL but from experience with friends in Travis Co who didn't submit, there's plenty of mouthpieces in this town who should be getting this taken down to an Improper Lane Change or something similar (unless your custody video shows you drunk as a skunk).
posted by screamingnotlaughing at 9:34 AM on May 10, 2011
This thread is closed to new comments.
posted by rmhsinc at 10:36 AM on May 9, 2011