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.
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 DUI and interested in Criminal Rehabilitation Canada? Contact us today for a free extensive evaluation with our Canadian immigration
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, it is common for people to be ordered to refrain from alcohol and
other drugs, and in many cases individuals will only be permitted to drive to and from work, medical and dental appointments, as well as
grocery or laundry runs.
In some 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 might sound
extremely intrusive, the alternative is to spend time in prison, so DWI culprits are generally very happy to comply. Upon termination of your probation and
reinstatement of your driving privileges, not only will the countdown towards being eligible for Criminal Rehabilitation begin, but the clock
will also start running towards admissibility by virtue of time provided you only have one misdemeanor on your criminal record.
Canada Application for Criminal Rehabilitation
The application for Criminal Rehabilitation Canada is CIC 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
take care of all this 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 people 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.
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, 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.
Temporary Resident Permits can be applied for in person at the border, giving an individual instant access to the country. Criminal Rehabilitation Canada, however, takes a minimum of 9
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 allowing them fast entry into the country and then eventually a year or so later providing them with permanent permission for entrance. If retaining
a legal professional, make sure to ask them 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 detailed information about past employment history as well as all locations a person has resided since becoming an adult.
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 9-12 months which is significantly longer than TRP
processing time of 3-6 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.
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 will a Canada immigration lawyer handle all the difficult
paperwork for you, they will 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.
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 since the attorney will take care of this for you. 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 and offers free consultations.
Criminal Rehabilitation So You Can Immigrate to Canada
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.
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 private consultation.