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Advice? Info? Canada to U.S. w/ U.S. Warrant

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Old Dec 10, 2014, 12:45 pm
  #1  
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Advice? Info? Canada to U.S. w/ U.S. Warrant

I have an outstanding warrant for failure to appear at court.
I live in Canada. This warrant is for a county in NY.

I've been to the U.S. since (flying).

Anyway, I'm leaving for Florida in about a month and I'm wondering what the process is when I leave. I mean, I know I have to show my passport... but it's a Canadian issued Passport (I'm Canadian) will it show this warrant?

I did some research and I'm told it's a non-extraditing warrant... It's for theft under $100 (but not appearing in Court).

I guess what I'm wondering is... I was able to visit Vegas and two other places via plane in the last 6 years with this warrant... do I have anything to worry about when I hit Florida?

And yes, I do plan on taking care of it, timing hasn't been right to possibly spend a night in jail should I drive over the border.
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Old Dec 11, 2014, 1:38 pm
  #2  
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Calm yourself.
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Old Dec 11, 2014, 1:44 pm
  #3  
 
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You have a month to take care of the issue... to ensure you
really do have nothing to worry about.
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Old Dec 11, 2014, 3:30 pm
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Originally Posted by CanadaDude
...do I have anything to worry about when I hit Florida?
Possibly.

If your general attitude re: taking care of your legal obligations and your demeanor here ... is how you present yourself to US Immigration, you may indeed have a very unpleasant 'welcome' upon arrival.

For gawd sakes, do not omit, lie or dissemble re: this matter if the officer inquires about it. Own it. Apologize deeply for not already taking care of this waaaay overdue matter. Better yet, hire an attorney to begin negotiating a resolution that is acceptable to you. Now, would be a good time to hire an attorney.

What could they do?

- Detain you while they investigate.
- And/or; send you home.
- And/or; bar you from entry into the USA for X years, where X is likely ten [count'm, 10].

If you cannot control your mouth, emotions and motions, you can make it a LOT worse for yourself.

Just in case you are wondering, applying for NEXUS is almost certainly a waste of your time & money.

Last edited by gqZJzU4vusf0Z2,$d7; Dec 12, 2014 at 5:24 am
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Old Dec 12, 2014, 6:10 am
  #5  
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Originally Posted by CanadaDude
Between running my own business, kids, life, and cancer. NO. There hasn't been a good timing to take care of it.

I didn't say I knew about it 6 years ago. I only found out TWO years ago - which means I obviously had this when I went into the U.S. in the past.

What the hell makes you so self-righteous? Perhaps ask some questions before you post that holier than thou reply.

One reply and it's from the douche of the month club? Really?
Quite the attitude for someone who has a warrant out for their arrest.

For all your whining about business and health issues your priorities are pretty screwed up. You knew you had a court appearance and skipped out. Two years ago you found out there was a warrant for your arrest in NY state but your biggest worry is whether you can party in Florida.
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Old Dec 14, 2014, 12:36 pm
  #6  
 
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The worst that will happen is US Immigration will deny you entry. That will happen at whatever airport in Canada, so you just go home in that case. CBP cannot arrest you, all they can do is notify the police, who won't care about some warrant in the US.

If you make it past Immigration, then you take your flight to Florida, have a good time and then fly back home.
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Old Dec 14, 2014, 1:35 pm
  #7  
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Sometimes warrants make into the system, sometimes they don't. Sometimes CBP is looking and sometimes it isn't. Sometimes you get pulled over for secondary question at random or for some unrelated reason and sometimes you don't.

If you're flying from a pre-clearance airport, the worst is that you get denied entry. Unless, sometimes they let you board and then you get picked up on arrival in the USA.

The answer is that you can visit the USA 100 times without any consequences and on the 101st wind up getting bagged.

And if CBP does nothing, maybe you have an encounter with local law enforcement while in Florida (minor fender bender).

Getting this taken care of likely involves about an hour of your time and the rest by a lawyer back in the NY county. You judge the risk and make a decision:

1. Cancel the trip.
2. Be willing to spend a night in CBP detention before being shipped back to Canada.
3. Just get it taken care of since that's what you say you plan to do anyway.

Incidentally, why you choose to continue to flout the law is a personal decision. But, a bit over-the-top to use inappropriate language to describe someone who gives you the advice to obey the law.

Last edited by Often1; Dec 14, 2014 at 2:33 pm
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Old Dec 15, 2014, 12:20 am
  #8  
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If you have been to the US since then, and nothing happened, then I would say the odds are overwhelmingly good that nothing will happen this time either. No one can guarantee anything, but I wouldn't worry about it.
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Old Dec 16, 2014, 12:53 pm
  #9  
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Originally Posted by catocony
The worst that will happen is US Immigration will deny you entry. That will happen at whatever airport in Canada, so you just go home in that case. CBP cannot arrest you, all they can do is notify the police, who won't care about some warrant in the US.

If you make it past Immigration, then you take your flight to Florida, have a good time and then fly back home.
The CBP could certainly opt to let him on the plane, and then meet him at the gate.

I've flown pre-clearance flights and had CBP show up at the arriving gate in the USA.
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Old Dec 17, 2014, 3:59 pm
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If the guy was wanted for a major felony, perhaps. For a six-year old bench warrant from Upstate New York on a misdemeanor? Extremely unlikely.
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