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Canada immigration lawyer focused on helping Americans apply for a Temporary Resident Permit so they can travel to Canada with a criminal record. We offer free comprehensive consultations (unlike many businesses who demand a retainer before assessing your options).

Criminal Rehabilitation Canada

Any foreign national that has been charged or convicted of a misdemeanor or felony may be inadmissible to Canada due to criminality and denied entry when crossing the border. A Temporary Resident Permit (TRP) can enable an American with a criminal record to travel to Canada, but is only a band-aid solution valid for a limited amount of time and requiring a person to have a credible reason for entering the country. Although a Temporary Resident Permit can be issued for up to 36 months, it is extremely difficult to get one for longer than two years, and depending on your exact situation immigration officials may only issue a TRP for long enough to cover your one visit to Canada (even if it is only a day or two). Canada Criminal Rehabilitation (CR), however, enables citizens and residents of USA to permanently overcome their Canadian criminal inadmissibility for life. Once you are granted Canadian Rehabilitation, crossing the border should no longer be a problem and you will never again risk being denied entry due to your past criminal record. Also, unlike a Canada TRP, Criminal Rehab does not require a person to have a legitimate reason for going to the country, and it never has to be renewed.

Rehabilitation for Americans with a DUI

As of December 18th, 2018, a DUI is considered a serious crime in Canada due to the country's strict new impaired driving laws that can result in imprisonment of up to a decade. As a result, Americans with a single misdemeanor DUI will no longer be considered deemed rehabilitated after ten years and may need to obtain Criminal Rehabilitation regardless of how long ago their impaired driving incident transpired. Since people can no longer "wait out" their ban from Canada, individuals with a DUI must essentially decide if they want to file paperwork to overcome their inadmissibility or just avoid going to Canada for the rest of their life.

Eligibility for Canadian Criminal Rehabilitation

In order to be eligible to apply for Canada Criminal Rehabilitation, an individual must have completed their full sentence including probation a minimum of five years prior. Completion of sentencing includes payment of all related fines and restitution, fulfillment of mandated alcohol and driving courses as well as community service, finalization of probation, and reinstatement of driver's license.

Have a record and interested in Criminal Rehabilitation Canada? Contact us today for a free extensive evaluation with our Canadian immigration law firm.

How to Become Eligible for Canada Rehabilitation

The clock does not begin ticking towards Canadian Criminal Rehabilitation eligibility until a drunk driving offender completes his or her full sentence including probation. Probation requirements for intoxicated driving related offenses almost always include paying a fine, paying for court costs, and a suspension of driving privileges. While on probation, an individual may be ordered to refrain from alcohol and other drugs, and in some cases individuals will only be permitted to drive to and from work, medical and dental appointments, as well as grocery or laundry runs. If sentencing included a restitution order requiring the offender to pay the victim for financial losses, eligibility for CR does not begin until the payment has been made in full.

In rare situations, probation can even include an electronic monitoring program which involves wearing a GPS tracking device to ensure that you are not leaving your house when you should not be. A home detention program can also include a Soberlink device which is essentially a remotely monitored breathalyzer that must be breathed into three times a day to ensure the offender is sober. While these programs can be extremely intrusive, the alternative for people with prior offenses is often to spend time in prison, so DWI culprits are generally very happy to comply. Upon payment of fines, completion of classes, termination of your probation, and reinstatement of your driving privileges, the clock will start running towards being eligible for Criminal Rehabilitation. For people with a single misdemeanor offense on their criminal record that is not considered potentially serious in Canada, this is also when the countdown can begin towards admissibility by virtue of time.

Canada Application for Criminal Rehabilitation

The application for Criminal Rehabilitation Canada is IRCC form IMM1444 (also referred to as IMM 1444 and available on the Citizenship and Immigration Canada website as IMM1444E.pdf). Similar to the Temporary Resident Permit application, applying for Criminal Rehabilitation is a very complex and difficult legal procedure, and it is highly recommended to retain the services of a qualified attorney if you want to apply. In order for the Canadian Government to grant a foreigner permanent access to the country despite them having committed a crime in the past, officials must be sure that the individual has in fact reformed their behavior. For this reason, the Canada CR form is exceptionally detailed, and you must provide extensive information about yourself as part of the application process. For example, PDF form IMM1444 asks for applicants to list all of their residential addresses since they became an adult. For humans who have lived or worked in many different states over their lifetime, this alone is a significant task. The IMM 1444 form also asks for a person's full employment history since age 18 and even explicitly mentions (in bold) not to leave any gaps in time.

In addition to asking for large volumes of very detailed personal information, the Canada Criminal Rehabilitation application requires that applicants also include a tremendous amount of documents in order to back up their statements. Including all the correct supporting documentation required is one of the most difficult aspects of the application process. If you hire a professional to apply for CR on your behalf, they will often do much of the heavy lifting for you which is why retaining a lawyer is strongly recommended. One of the more challenging components of applying for Canadian Rehabilitation is finding what law in Canada a US crime translates to. This is where hiring a law expert to advocate on your behalf can be advantageous. Assembling a complete application to give you the best possible chance of success is how an attorney can help you overcome your inadmissibility.

Required Police Documents

Amongst the many documents needed for the Criminal Rehabilitation application are a Police document from several different authorities. For people who have lived outside of the United States, a criminal clearance from all police authorities in every country you have ever lived in for six months or longer (consecutively) since you were 18 years old is required. You also need a state certificate or letter from a Police authority in every state you have lived in for more than six consecutive months since you were an adult. On top of all this, the Canadian application for Criminal Rehabilitation requires Americans to include a national FBI certificate. The FBI criminal record check and other Police certificates help ensure that the immigration official who is reviewing or adjudicating your application will be well aware of any crime you have ever committed. Please note: Immigration Canada requires an original copy of FBI Police certificates for Rehabilitation. Accelerated reports ordered through an FBI Approved Channeler for US citizens and residents may not satisfy this requirement.

Best Method for Fixing Canada Criminal Inadmissibility

For individuals who are not permitted entrance into Canada due to criminal inadmissibility from a drunk driving arrest or conviction or a felony, travel to Canada is possible with either a Temporary Resident Permit or Criminal Rehabilitation. In general, if you are eligible for Canadian Criminal Rehabilitation you should go with this option. If it has been less than five years since you completed full sentencing including probation, however, a TRP Canada is your only option for legal entry. If it has been more than five years since you finished the full sentence for your most recent misdemeanor or felony crime, you are eligible to apply for Criminal Rehab but may still require a TRP depending on how soon you need to enter Canada.

If an individual needs instant access to Canada in a crisis, Temporary Resident Permits can be applied for in person at the border. Criminal Rehabilitation Canada, however, typically takes a minimum of 6 to 12 months in order to be issued. For this reason, many people interested in applying for Criminal Rehabilitation will also apply for a Canada Temporary Resident Permit potentially allowing them fast entry into the country and then eventually a year or so later providing them with permanent permission for entrance. If you are considering retaining a legal professional, make sure to ask if they offer a sizable discount to clients applying for both a TRP and CR Canada as there is some overlap between the two legal procedures. The DUI rehabilitation application for Canada is an even more complex legal procedure than the Temporary Resident Permit application and asks for background checks, detailed information about past employment history, as well as all locations a person has resided since becoming an adult.

Americans who are interested in attaining permission to access Canada are recommended to pursue Criminal Rehabilitation if they are eligible. A TRP is just a temporary solution for people who are not yet able to apply for the permanent solution. Individuals who are eligible for Criminal Rehabilitation but instead continue to apply for Temporary Resident Permits at the border risk being denied by Canadian immigration agents. If you are qualified to apply for the permanent fix to your admissibility woes, you should do so instead of continuing to seek temporary entrance permission. Once a person has been criminally rehabilitated, their past crimes will no longer be a vulnerability at the border.

Canada Rehabilitation Processing Time

The only way to permanently overcome Canada criminal inadmissibility is through Canadian Rehabilitation. A Temporary Resident Permit is only a short-term solution for people who are criminally inadmissible to Canada, as TRPs are never issued for longer than three years. The Canadian Criminal Rehabilitation processing time is quite long, however, with most applications being processed in 6 to 12 months which is significantly longer than the TRP processing time of 3 to 4 months (TRPs can also be applied for at the border under emergency circumstances). Eligibility for the rehabilitation application Canada also includes having completed your entire sentence a minimum of five years prior to applying. This means that people with recent criminal convictions are not eligible to apply and consequently must apply for a Temporary Resident Permit if they want to go to Canada without the risk of a border denial. Foreign nationals that are eligible for Canada Rehabilitation are strongly encouraged to choose it over a Canada TRP despite the lengthy processing times. If you have a felony or several misdemeanor convictions, the processing time may be slightly longer than for applicants with a single non-violent offense. Consequently, the answer to "how long will it take?" is not necessarily the exact same for every person. Want an estimate of the latest Criminal Rehabilitation Canada processing time? Phone us today!

Canada Criminal Rehabilitation Lawyer

Unless you went to law school, the Criminal Rehabilitation Canada application could easily confuse you, and if it is not filled out correctly, your application may be denied. For this reason, many people retain the services of an experienced and qualified Canadian immigration lawyer to help them apply for Criminal Rehabilitation. Not only can a Canada immigration lawyer handle all the difficult paperwork for you, they can also maximize your chances of success by writing a persuasive narrative on why you have been rehabilitated since you committed a crime such as drinking and driving, and consequently why you should be granted lifelong permission to travel to Canada once again. Now that a DWI is considered a major offense in Canada because of the country's new impaired driving laws, overcoming inadmissibility caused by such a crime will generally be more challenging than in the past so hiring a lawyer is highly recommended.

If you retain the services of a Canada Rehabilitation lawyer, you also will not need to spend time trying to find the correct Canada Rehabilitation form or equivalent offense north of the border since the attorney will take care of this for you. Applicants with convictions that equate to serious criminality in Canada may need to pay a larger Government processing fee for ministerial review, which a lawyer can help facilitate. If you apply for a Temporary Resident Permit at the same time, you can also avoid worrying about how long Canadian Criminal Rehabilitation takes as TRP processing times are much faster and a TRP can be used to cross the border while you are waiting to be approved for CR. Although the cost of Canada Criminal Rehabilitation is not cheap, the fact that it is a permanent solution that can overcome criminal inadmissibility forever makes it very appealing.

Our Canada immigration attorney has extensive experience helping Americans apply for Criminal Rehabilitation. Phone us today for a free consultation.

Criminal Rehabilitation So You Can Immigrate to Canada

If a person is considered criminally inadmissible under Canadian law, he or she will not be able to get approved for Canada PR through Express Entry until they have first been approved for Criminal Rehabilitation. To become rehabilitated and gain authorization to cross the border despite a criminal history, Immigration, Refugees and Citizenship Canada (IRCC) personal must believe you are not likely to become involved in any new criminal activity. Canadian Rehabilitation is essentially an assessment of a criminal's future behavior, actions and attitudes. Factors considered by adjudicators include nature of offense, Canadian criminal equivalency, time elapsed with good conduct, term of imprisonment as well as change in moral character. Demonstrating remorse for your actions is also paramount, and a lack of remorse on behalf of an applicant can essentially poison an application.

Alongside the nature of a person's past criminal offenses, his or her intended purpose in Canada is also weighed during the IRCC ruling. If you plan to immigrate to Canada on a permanent basis, as a sponsored spouse for example, criminal inadmissibility must be permanently resolved. While a TRP enables you to negate inadmissibility and removes disqualifications when crossing the border, it is not a viable option for individuals interested in Canadian immigration. Conforming to CIC Criminal Rehabilitation requirements, in order to be eligible for a pardon 60 months must have passed since your probation ended or your last payment was made as ordered by the court.

Criminal Rehabilitation vs. Deemed Rehabilitation

In cases where an American has only a single non-serious conviction in their past, he or she may be eligible for automatic Deemed Rehabilitation and may not need to apply for manual Criminal Rehabilitation in order to overcome their permanent inadmissibility to Canada. More serious crimes, such as felonies, can result in a person getting refused entrance at the Canadian border even decades later. Unless expunged in certain states, misdemeanor domestic violence as well as misdemeanor assault convictions can also render an American inadmissible to Canada indefinitely. In cases where a person is considered criminally inadmissible for life, applying for Criminal Rehabilitation is his or her only option to gain lawful access to the country again. As of December 2018, foreign nationals with a DUI, DWI, OVI, DWAI, wet reckless driving, or any other drinking and driving offense are no longer eligible for automatic Deemed Rehabilitation once it has been ten years from full completion of all sentencing.

In general, any offense related to assault or battery, including domestic violence, or any offense related to drugs other than marijuana, such as possession of a controlled substance, can render an American inadmissible for life unless they attain Criminal Rehabilitation. It is usually only people with a single misdemeanor conviction for a minor offense such as shoplifting that are eligible to claim instant rehabilitation at the border. Interested in a confidential appointment to discuss Criminal Rehabilitation instructions or eligibility, available DUI entry options for a frequent business traveler, or how our law firm provides representation on the client's behalf in all IRCC correspondences? Phone us today for a complimentary consultation.

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If you have any arrests or convictions on your record and need to visit Canada, call us today or fill out this form! 24 Hour Response Time!