Be it the natural wonderlands of Canada or the amazing countryside, Canada has it all. It can however be quite challenging to cross the border if you have had a criminal conviction in the United States. If you are a felon and willing to go to Canada, then you don’t need to stress as we have got your back by giving some information on how to cross the border.
- Issues At The Border
- Dangerous Criminal Offenses
- The Request For Rehabilitation
- Individual Rehabilitation Application
- Do You Need Any Help?
- Why Do You Need To Seek Some Expert Help?
- Things To Know About Temporary Resident Permit
- Can You Go To Canada With A Felony?
- Can You Visit Canada With A Felony Arrest?
- Can A Felon Visit Canada After 10 Years?
Issues At The Border
All of us know that time heals all the wounds, but that doesn’t go with a felony conviction if you want to visit Canada.
- If the sentence is older than a decade, then all the foreign nationals, including U.S. nationals need to go through various procedures to visit Canada.
- Agents at the border can access both U.S. criminal record databases and DMV records.
- A felon cannot pass the border without special permission.
- The Canadian government authorities will most likely stop you from entering even though you might have an old arrest on your record.
Dangerous Criminal Offenses
When it comes to felony offenses, Canada doesn’t put any restrictions on its no-entry policy. You are most likely to be flagged at the border and banned from entering if you have been convicted of certain crimes.
In the U.S. system, the crimes which are not treated as felonies include:
- Dangerous driving
- Driving under the influence
- Possession of controlled substances
You need to check the list in the Criminal Code of Canada to understand if your offense will allow you into Canada.
The Request For Rehabilitation
You have various options to try to deal with this inadmissible status. A felon can also apply for rehabilitation if their sentence for conviction was just a few years ago. You are ideal to enter Canada if you prove you are stable in your life now.
You should also not be involved in any criminal activity.
1 A felon can ask to be deemed rehabilitated if at least ten years have passed from the time of conviction and punishment.
2 All you need to do is get all your criminal status papers along with you to the border, and you may be qualified to enter if the agents deem you safe to enter.
3 The Canadian authorities will see the type of crime if it would have been punished in Canada by a term in prison of at least ten years or less than ten years.
4 The authorities will also consider the amount of time that has passed.
5 For this request, there are no fees as such. If you are however not deemed rehabilitated, then you won’t get entry.
Individual Rehabilitation Application
1 You can also file an application for individual Rehabilitation at a Canada visa office in the U.S.
2 You need to do it before your estimated travel date. This is because it might take at least 12 months to process.
3 Additionally, it would help if you highlighted at least five years have passed since the termination of any penalty regarding conviction, as the prison term and probation.
4 Besides this, it is mandatory for you to submit some information. This information should show that you will not commit any more crimes. You should also pay the fees.
5 Irrespective of the rehabilitation you choose, it has got validity for the rest of your life and provided you don’t have any criminal activity ahead.
Do You Need Any Help?
You need to plan if you need to visit Canada and you feel you are going to encounter issues. All we say is that you need to connect with an immigration lawyer for a consultation about your felony conviction or criminal record to understand if you are not allowed to visit Canada.
Why Do You Need To Seek Some Expert Help?
The process of entering Canada after a felony record may not seem challenging. Especially since many applicants apply on their own without the help of any professionals. In reality, however, it is not as easy as it might seem.
There is a great risk of refusal in the case of TRP applications if it is not planned perfectly. You need to know that standards are relatively high, and for some reason, you might never know why applications are denied, and sometimes it is because of forms not being correctly filled out.
It is highly disheartening when someone cannot fulfill their wishes due to missed documents or critical attributes. By hiring professional immigration experts, you can surely enhance your chances of getting approval on your TRP or rehabilitation applications.
Things To Know About Temporary Resident Permit
You can choose to apply for a temporary resident permit if you have some genuine reason to visit Canada. This includes attending a conference there. As a visitor, you can get a document that gives you the right to enter Canada for a limited amount of time. The immigrant agents of Canada understand if your need to enter Canada outweighs any risks to Canadian society.
In the United States, you can apply for a TRP at a visa office. Additionally, even if you get the TRP, the validity will be only for a limited time. This will be the time necessary for you to complete the task for which you wish to visit Canada.
The majority of the foreign nationals are not able to travel to Canada due to certain criminal record. These are records that don’t allow them to visit the country. Suppose you have a felony conviction on your record. In that case, you must hire a lawyer. This is because it is quite challenging to get approval for admission in Canada as compared to an individual misdemeanor. A lawyer with experience can maximize your chances of entering Canada with a felony.
Can You Go To Canada With A Felony?
Any American with a felony record cannot enter Canada. This is unless they have special permission from the Government of Canada. Foreign nationals having a felony may never be deemed rehabilitated even if the conviction happened 20+ years ago.
Some of the ways to travel to Canada include Canada’s Temporary Resident Permit and Criminal Rehabilitation. The Canada Temporary Resident Permit allows you to visit Canada for a limited amount of period. Criminal Rehabilitation is nothing Canada’s permanent solution for inadmissible foreign nationals who are criminals.
Can You Visit Canada With A Felony Arrest?
A visitor must show there is zero chance they will be convicted of any offense. Without this, there is no assumption of innocence after a criminal arrest or when it comes to crossing the Canadian border. Typically an American is inadmissible to Canada when it comes to participating in a diversion, probation before judgment.
Can A Felon Visit Canada After 10 Years?
Due to criminal inadmissibility, American nationals pose a risk of being denied even after 20 or 30 years of conviction. A person doesn’t qualify for automatic Deemed Rehabilitation if the Canadian equivalency is punishable under maximum imprisonment of ten years or more.
Hence if you are a felon having a felony record, you can surely take some guidance here. Make sure you follow all the laws before entering Canada. If you can pass through, there is a good chance your life can change forever. A second chance in life does not come easy and this is why you should grab it.