For example, those who have been convicted of one crime may consider gaining access to Canada by being "deemed" rehabilitated. This is going to depend on how long it has been since the crime was committed.
If enough time has passed since all of the conditions of the sentence for the conviction were met, you may be eligible for deemed rehabilitated. Border officers are given a lot of discretion on this issue.
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They have the authority to ask about the type of crime, whether you are guilty of multiple crimes, and even discuss the stability of your life. They are also going to consider if you are likely to commit another crime and the length of time since you committed a crime. Often, if it has been ten years or more since the conviction and all conditions have been satisfied, you will be granted deemed rehabilitated status. Some people take a risk and wait until they are entering Canada to find out if they qualify for deemed rehabilitation status. Rather than wait, it is best to apply for a determination of individual rehabilitation.
This is a formal decision made before you reach the border by Canadian consular officials. You must apply for it, and it must be at least five years since you completed all of the requirements of the sentence, such as paying any fines and completing parole.
You may also get a pardon or discharge from the state or country where you were convicted. This too can allow you to obtain that re-entry, but only the IRCC office may accept that and not the Officer at the border. If it has been less than five years since your court sentence was completed and you have a compelling reason to enter Canada, you may be able to obtain a Temporary Resident Permit. This is a document that allows you to enter and remain in Canada despite your status as inadmissible. According to IRCC,. Permits are issued for fixed periods of time, and you must leave Canada by the expiry date or get a new one before the original document expires.
Obtaining a Temporary Resident Permit requires an application to be submitted.
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As with all applications, there are fees associated with Temporary Resident Permits. Most people traveling to the United States will do so either by car or by plane. If you make the trip by car, then you will eventually end up at one of the many border points between the two countries, where our roads and highways continue into the US. This is the same as they would if you arrived at a physical border in a car or other vehicle.
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For residents of towns on the border, even this might not have been required if the CBP was familiar with you, and knew you regularly conducted business in the US. Crossing the border has been a bit more strict, and no Canadian is advised to attempt entering the USA without a passport, the same as traveling to countries beyond the North American continent. For most Canadians, this is the extent of all you need in order to cross the border. As long as you have your passport and are cooperative with the CBP should they ask you questions about your visit, or want to search your baggage or vehicle, you will have little difficulty entering the USA.
It may take some time, depending on how many people are ahead of you, and whether there are any disputes, but your actual chances of entering are very good. However, for some people, things become a bit more complicated if a criminal record—or even any mention of an arrest—is available for viewing from the Canadian police records. But only if the CBP decides to check. This is in no way illegal; they have full rights to do this. If they had been Americans they would have been pulled into Secondary Inspection immediately. Also, my very experienced Immigration lawyer doubts Canadian Immigration has access to anything less than felonies involving violence.
He has never heard of an Aussie being questioned about a DUI. As he not so jokingly commented, if DUIs, simple dope possession, etc.
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In any case, since you're not eligible for Criminal Rehabilitation, my advice is to stop worrying about it. If you do get asked point-blank about your record, don't lie. Lying to an Immigration officer opens up a whole new can of worms, and you don't want to do that.
Chances are you'll go right through Immigration without a hitch. Have fun in Canada. Cheers, Terry. Government of Canada rules. Apply for the temporary resident status as outlined on this website. Do you know how easy it is to for border patrol to find your record?
Lying is not ok. We knew a fellow who lied trying to cross into the US via motorcycle about a DUI and they seized his motorcycle and tore it apart. He had to hire a truck to bring the pieces back home. However, if you are refused entry to Canada, you will not be refused entry back into the US as you are technically still in the US. I would think at least. And it is doubtful that you will be asked but it is always a possibility. If the border guard is having a bad day, if they are trying to make a statement for more money or something else, they can be pretty nasty.
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Generally though, Cdn. This topic has been locked by a moderator. All rights reserved. No part of this site may be reproduced without our written permission. No worries. I am flying into LA….
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