DUI Rehabilitation

Admissibility to Canada

CRIMINAL INADMISSIBILITY: REHABILITATION AND TEMPORARY RESIDENT PERMITS

Marc Laforce, Certified Canadian Immigration Consultant

Security and enforcement in both Canada and the United States has heightened in recent years. For this reason, US citizens with past criminal charges or convictions are refused entry. Canadians with past criminal charges or convictions seeking entry into the United States are denied entry reciprocally.

In Canada, you may be deemed inadmissible for entry if you or a family member, defined as a spouse, common-law partner or dependent child, has committed an offence that if committed in Canada would be a felony offence under the laws of Canada. This includes almost all convictions such as DUI/DWI, reckless driving, negligent driving, bad check, misdemeanor drug possession, all felonies, domestic violence, regardless of how long ago they occurred.

Other grounds of inadmissibility may include having a serious medical condition for which treatment may pose a significant burden to our socialized healthcare.

For this reason Canadian authorities recommend that before a traveler with past convictions attempts to enter Canada that person should first obtain necessary documents. To learn about your eligibility for entry into Canada, we therefore strongly recommend that you contact a licensed immigration practitioner to determine your eligibility and likelihood of being allowed into Canada. After you share your set of circumstances, criminal history and reasons to be in Canada, we will provide a plan of action that is the best fit for you and guide you with obtaining the right supporting documents to present at the point-of-entry or consulate, as the situation may advise.

The peculiarity of inadmissibility in Canada is twofold. One, a mere charge without a conviction, even if pardoned in your country, can make you inadmissible. Two, if you are charged with or convicted of an offence, the onus is on you, the business traveler, student, worker or immigrant, to prove that you should be allowed into Canada. For all intents and purposes, you will be deemed guilty of any offence until proven innocent.

There's no court of law in Canada that will determine your admissibility. Rather, it is up to a civil servant, an employee of Citizenship Immigration Canada (CIC) or the Canada Border Services Agency (CBSA), to determine whether your presence in Canada should be allowed or not. There's no impartial judge here that will review your case. You're at the mercy of an immigration or CBSA officer.

Given thereís no neutral party assessing your particular circumstances, a US attorney is utterly untrained to handle admissibility cases, even if he were permitted to represent you (which, of course, heís not).

We believe it is critical to hire a professional immigration practitioner to handle an admissibility case no matter how mundane. If you have a charge or conviction, contact our Firm.

Our Services: Deemed Rehabilitation, Rehabilitation and Inadmissibility Waivers

Our Firm will write up a cover letter explaining your personal circumstances, create a synopsis of your judicial and criminal background, assemble relevant supporting documentation, convert the charges and sentence that were incurred in your jurisdiction to the equivalent offence under the Canadian Criminal Code and represent your case on official government correspondences. If you are applying at the point of entry, our service will include interview preparation.

In all likelihood, our submission strategy will include one of four scenarios.

  1. We may argue that you are "deemed rehabilitated" - and should therefore be allowed to enter Canada. This is applicable after 10 years or more have passed since completion of the last charge. Criminal Rehabilitation
  2. We may apply for a formal opinion of rehabilitation, submitting that you have "changed your ways" or that the particular offence in question was uncommon and out of character. Criminal Rehabilitation
  3. If we donít think, after learning about your criminal background and circumstances that you qualify for rehabilitation we may be able to petition a "waiver" that overrides inadmissibility on the basis of a compelling need to be in Canada. If you are considering a waiver, we strongly recommend that you schedule a consultation to determine your eligibility prior to applying for this special class of entry. Temporary Resident Permit (TRP)
  4. Finally, upon learning the facts and circumstances of your case, we may urge you not to travel to Canada due to the risk of being detained.

The vast majority of Canadian immigration lawyers or consultants have no experience with admissibility cases whatsoever. For these firms, their expert advice centers on the preparation of temporary and permanent visas. At Marc Laforce, CCIC, we pride ourselves as being one of the leading Canadian admissibility experts in the United States. If you have a compelling need to be in Canada, donít chance it. Schedule a phone or in-person appointment to discuss how we can legally bring you into Canada for that special meeting or event.

Fees

Because most lawyers in Canada are not admissibility experts, the average retainer required to handle such cases is about $5000. We believe this amount is absurd. It does not correspond to a reasonable billable rate for the hours required on a typical admissibility case.

Contact our US head office at 214-295-6051 or toll free 888-827-6605 to schedule an initial consultation with the practitioner. Appointments are available via the phone or at any of our US locations, subject to availability.

Should you wish to apply on your own, we offer hourly consultations to help you with your application or to answer your most pressing questions. Our fee for any consultation is $150.

Temporary Resident Permit Canada | Application for Criminal Rehabilitation

Canada immigration services. Criminal admissibility: temporary resident permit Canada, application for criminal rehabilitation.