I am trying to find out if a defense attorney is being truthful in telling me his client will not be able to become a Canadian citizen (he is currently a US citizen) or even go work in Canada if he pleads to a felony offense in a Texas state court. (deferred or straight probation). Does anyone have any suggestions on where I might find the answer? Thanks.
Since a week has gone by with no replies, I guess I will weigh in. Why does it matter whether he will be able to go work in Canada? If you can make your case and convict him of a felony, do it. (Or treat it just like any other case, consider his/her criminal history, severity of case, etc.) It really shouldn't be our concern what the immigration consequences are.
My guess after a google search is that a conviction is not required to bar admission to Canada.
http://www.canadavisa.com/canada-immigration-criminal-inadmissibility.html ("Persons for which reasonable grounds exist to believe that an act or omission (an offence in the country in which it occurred) had been committed outside Canada, in which an equivalent offence exists within Canada which is punishable under any Act of Parliament by a maximum of 10 years imprisonment . . . . Pending charges can be sufficient to allow inadmissibility.")
http://www.canadaimmigrationlaw.net/Library/criminal_convictions.htm ("An individual need not have been convicted of an offence to be inadmissible to Canada as a visitor or immigrant on criminal grounds.")
There's some kind of rehab program but it doesn't look easy. http://www.cic.gc.ca/english/information/applications/guides/5312E3.asp
There is a Canadian consulate in Dallas that you might call.
Seems like you are doing the guy a favor if he can't be a Canadian. After all, didn't Canada give us Celine?
I have to agree with E. Hernandez. Working where I do the immigration status is usually Mexico, rather than Canada, but my response is always the same. Breaking the law has consequences- some of them are jail, some of them are money, some to your DL, and some to your immigration status.
David's answer is instructive. Say you do relent and let the guy plead to some twisted misdemeanor deal. Then Canada tells him no anyway a couple years down the road. Then, he'll be back with a writ claiming his plea was involuntary because of bad legal advice from the attorney who is asking for the deal.
Collateral matters like immigration, deportation, expunction, non-disclosure, sentencing in federal cases, and the like should not affect disposition of your case. They'll come back to bite you.
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