Lawyers for People Denied Entry Into Canada
If you need a visa to enter Canada, you will be asked about any charges or convictions. If you are “visa-exempt” and only need to fill out an eTA (a quick Electronic Travel Authorization form), you will also be asked about charges or convictions. If you are American and don’t need a visa or an eTA and you have a charge or conviction, border officers here will see that given our countries share information on charges and convictions.
It’s best to always tell the truth at the border and you should be prepared well in advance of your trip to Canada. Reach out to us so that we can assist you well in advance.
If it’s been over 10 years since your single conviction for a lower-level of crime, you could not be inadmissible at all (“deemed rehabilitation”).
Denied Entry: DUI, Marijuana and Other Offences
You may have a “drink and drive” conviction or “driving under the influence” (DUI), also called “driving while intoxicated or impaired” (DWI). You could also have a dangerous driving or reckless driving conviction. There are various other convictions such as those which are drug-related, assault, fraud-related, theft etc.
You could wish to come as a tourist, board a cruise ship, visit friends, come for a business trip or work or immigrate.
Denied Entry: Felony or Misdemeanor
A U.S. felony is a serious conviction which is similar to what we call “indictable offences” in Canada. A U.S. misdemeanor is closer to what we call a “summary offence.” Having said that, what is deemed more serious and less serious varies considerably between the two countries.
At Jain Immigration Law, we understand the laws of both countries and Mr. Jain is called to the bar in both Canada and the United States and has law degrees from both countries. He is licensed to practice in both nations as well and is therefore well positioned to assist and advise you.
Temporary Resident Permit
If your past crime does render you inadmissible and you are denied entry, it could be that we can apply to temporarily remove your inadmissibility, especially if your reason for visiting Canada is a “one-off” and you have no concrete plans to return here in the near future. This is called a Temporary Resident Permit (TRP) application.
TRPs can be issued for only a few days or for up to 3 years, depending on the situation. At Jain Immigration Law, we have been successful in getting TRPs issued for famous performers, tour managers and others in the entertainment industry in a matter of days, where there has been urgent need. Normal processing times are several months.
TRPs can be extended in Canada and if they are extended with no gaps in between, a permanent residence application simply based on having consecutive TRPs is possible.
Rehabilitation
If it’s been over 10 years since your single conviction for a lower-level of crime, you could not be inadmissible at all (“deemed rehabilitation”).
If your past crime does render you inadmissible, it could be that we can apply to permanently remove your inadmissibility if 5 years has passed since not only your conviction but also any probation, fines etc. This is called a “rehabilitation” application.
Note that if is possible to apply for a TRP and rehabilitation at the same time and this is done where someone needs to enter soon but also wants their inadmissibility permanently removed.
Convictions In Canada: Record Suspension (Pardons)
If your conviction was not outside of Canada at all but rather was in Canada, you will be inadmissible and require a Record Suspension (formerly called a “Pardon”). You may be required to leave Canada but in some cases, an application for Permanent Residence can be submitted and once a refusal is received, an appeal can be made based on humanitarian and compassionate circumstances.
Immigration Legal Services
We are a full-service immigration law firm with decades of experience and are able to navigate complex legal issues and avoid legal and practical problems before they arise.
