what kind of a lawyer do you need to enter canada with a felony

by Abdiel Hane Sr. 7 min read

A Criminal Rehabilitation attorney can also ensure that such an application includes all the required supporting documentation, as Immigration, Refugees and Citizenship Canada (IRCC) asks for a significant volume of information and documents including an FBI background check.

Full Answer

Can I enter Canada with a felony?

An experienced lawyer can maximize your chances of being allowed to enter Canada with a felony by professionally preparing your Criminal Rehabilitation or Temporary Resident Permit application.

How can an immigration attorney help you enter Canada?

The attorney can make the process easier, helping you with a realistic plan for your entry into Canada. When considering an immigration attorney to assist you, you should know that one that is located in a state next to Canada is more likely to have experience with the entry process into Canada.

How can I enter Canada with a criminal record?

The first option is a Canada Temporary Resident Permit, which is a document that enables a visitor with a criminal record to enter Canada for a limited amount of time. You can request a Canada TRP for up to three years, but you are required to have a valid reason to visit Canada in order for immigration officials to issue you one.

Can I get a TRP in Canada with a felony?

A TRP can be obtained, if you are American, at the Canada/US border. However, getting a TRP this way could prove challenging. TRPs are not easy to get. You have to prove that your felony conviction should not prevent you from entering Canada and that your need for entry outweighs reasons for denial.

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How can a felon enter Canada?

For a felon to overcome inadmissibility, they must apply for either a Temporary Resident Permit or Criminal Rehabilitation. Even if you hold a valid passport from the US or elsewhere, a felony will likely result in inadmissibility.

Can felons immigrate to Canada?

The Immigration Act specifically bars felons from entry to Canada. Other offenses that can keep a person from being able to enter Canada include reckless driving, misdemeanor drug possession, any type of felony, domestic violence and shoplifting.

How long after a felony can you go to Canada?

You can be “deemed rehabilitated” if enough time has passed since your conviction, or since all conditions of your sentence have been met. The standard amount of time is 10 years. So if it has been 10 years or more since you committed a crime or completed a sentence for a crime, you may be able to enter Canada.

What countries are felons not allowed in?

Some countries do not allow people who have a felony on their criminal records to obtain a visa, so they are unable to visit....Countries That Dont Allow Felons 2022.CountryDetailsBrazilDeny if discoveredIndonesiaDeny if discoveredUnited StatesDeny up frontIndiaDeny up front33 more rows

How long is a TRP valid in Canada?

TRPs are usually valid for 6 months but could be less depending on the situation. If you have reason to enter Canada multiple times, you could apply for a TRP that is multiple entry. It is up to the immigration officer to issue you one or not.

Can you enter Canada with a felony?

If you have a criminal record such as a felony conviction, you may have difficulty entering Canada.

Can you get rehabilitated for a conviction in Canada?

You have several options to try to overcome this inadmissible status. If your sentence for the conviction was some years back, you can apply for “rehabilitation.” Essentially, Canada may let you in if you prove that your life is now stable and that you are not likely to be involved in other criminal activity.

How long can you be in jail for a felony in Canada?

In Canadian terms, it is an indictable offense that may be punished by a term of imprisonment for up to five years. The Immigration Act specifically bars felons from entry to Canada. Other offenses that can keep a person from being able to enter Canada include reckless driving, misdemeanor drug possession, any type of felony, ...

What is denying entry to a Canadian?

In denying you entry, the CBSA officer will be relying on his or her knowledge of the Immigration Act. This act denies entry to those convicted on driving while under the influence (DUI) or driving while intoxicated (DWI). This offense, DUI or DWI is a felony in Canada. In Canadian terms, it is an indictable offense that may be punished by ...

Can everyone enter Canada?

The reality is that not everyone is permitted to enter Canada. Applicants for admission, the technical term for non-Canadians trying to visit, are subject to immigration rules and regulations.

Where do you present your convictions to a Canadian official?

You must present documentation about your conviction to a Canadian official at the port of entry. If you don't already have these documents, locate them: a passport, or a birth certificate plus photo identification. a copy of court documents for each conviction, plus proof that all sentences were completed.

How long do you have to live in Canada to get a criminal clearance?

a criminal clearance from all countries (including Canada) where you have lived for at least six consecutive months for the last 10 years. if from the United States, a criminal clearance from every state in which you have lived for 6 consecutive months since turning 18, as well as a federal clearance from the FBI.

How much does it cost to get a rehabilitation certificate in Canada?

In order to file for Rehabilitation certification, Canada can impose an application fee from $200 to over $1,000. The amount you will pay is tied to the seriousness of your conviction. Submit at least $200. If more is required, you will be invoiced.

How to be rehabilitated in Canada?

Before leaving for your trip, assess whether or not you meet the criteria for being deemed rehabilitated. If you don’t, you risk being denied entry into Canada. To be deemed rehabilitated, you must satisfy the following: you have had only one conviction in total or committed one crime.

What is a pardon letter?

if a juvenile offender, a letter showing that your country has special measures for juvenile offenders.

Is a crime considered serious in Canada?

the crime you committed is not considered a “serious” crime in Canada (i.e., the maximum prison sentence if convicted in Canada would have been less than 10 years) the crime did not entail use of a weapon, physical harm to a person, or involve serious property damage.

Can you get a record suspension in Canada?

Apply for a record suspension if you committed an offense in Canada. If you have a conviction in Canada, you must seek a record suspension from the Parole Board of Canada before you can be admitted back into the country .

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How can past crimes be addressed?

Usually, these can be addressed through criminal rehabilitation, with approval sought by Canada's immigration authorities when someone wishes to enter the country.

What is considered serious in Canada?

If a judge in Canada could have sentenced the individual to 10 years or more in jail, the offense is considered to be serious. For example, crimes like assault, theft, bodily harm, the use of weapons and dealing in narcotics are all considered to be serious.

What is inadmissability in Canada?

Inadmissability also applies to offenses that the Canadian legal system would consider to be serious had they taken place in Canada itself and if these could have lead to over 10 years in jail. In such cases, the nature of the crime and how it was judged by the courts in ...

Can you leave convictions behind in Canada?

Moreover, an individual can't always leave convictions behind them as time passes, which is a concept known as 'rehabilitation'.

Can a person with a criminal record enter Canada?

In some cases, if someone has a criminal record with just one non-serious conviction, they may still be prevented from entering Canada. This can happen even though the required time period for deemed rehabilitation has passed.

What is a Canadian Entry Waiver?

A Canadian Entry Waiver allows you to enter Canada with a DUI or other criminal offences. There are four types of waivers to enter Canada:

Why do I need a Canadian Entry Waiver?

If you have a criminal record you may be denied entry into Canada. Even a DUI can stop you at the border. Our Registered Canadian Immigration Consultant can help you enter Canada safely and efficiently. Canada and the United States share more than a border. Take advantage of Canadian opportunities with a Canadian Entry Waiver.

How do I get a Canadian Entry Waiver?

Americans have the option to apply for a Canadian Entry Waiver at the border, but this is not a guarantee and you can be turned away.

Step 1 - Check your eligibility

Find out if you are eligible in 2-minutes using our highly secure online calculator.

Step 2 - Pick a payment plan

Find the financing plan that suits your budget. You’re already approved—it’s that easy.

Step 3 - Track your status

Log in to your secure private account available 24/7 to monitor the progress of your file.

Step 4: Cleared to enter Canada

AllCleared to enter Canada – Pack your bags and start enjoying your travel freedom.

How to get into Canada with a DUI?

One of the most common ways to get into Canada with a DUI is a temporary resident permit, sometimes referred to as a visitor visa. This is like requesting special permission to enter Canada for an important reason such as a business conference or emergency despite that fact that you are criminally inadmissible.

What is considered a criminal rehabilitation?

Deemed rehabilitation is for when a significant amount of time has passed since your conviction, and immigration officers will look at your criminal case as well as the likelihood you will commit another crime. Criminal rehabilitation is for those whose crimes occurred more than five years ago, but these applications can take quite some time to process. You may also be able to apply for a pardon or discharge.

Is a DUI conviction a serious offense?

While a DUI conviction is very serious, you may have completed your sentence and turned your life around.

Can you go to Canada with a DUI?

Despite this, you will still be inadmissible to Canada with a DUI on your criminal record.

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