What Is a Canadian Border Lawyer and How Do They Help?

A Canadian immigration lawyer that focuses on helping people with border-related issues is often referred to as a "border lawyer". The rules being enforced by border authorities are considered immigration law, which is why most border experts are immigration attorneys.

If an American is concerned about their ability to travel to Canada, they will often hire a border lawyer to help them secure access. For example: if a person has a past DUI or DWI conviction in USA, they will typically be at risk of a border denial unless they obtain special permission to cross the Canadian border.

A Temporary Resident Permit (TRP) can allow a US citizen to enter Canada with a past misdemeanor or felony. A TRP can be quick to obtain but requires a convincing reason for travel such as work or business. Criminal Rehabilitation (CR) can permanently overcome a person's record, but takes longer to achieve and is only available once all sentencing has been completed for at least five years. A Canadian lawyer can be hired to assist with either option.

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Canada Border Lawyer Services

While there are many professional services offered by Canadian border lawyers, two of the most common are Criminal Rehabilitation and Temporary Resident Permit applications. Many people assume you can apply for a Canada TRP online, and are surprised to learn that TRP and Rehabilitation applications must be submitted to a Canadian consulate and are rather complex. Working with a border attorney can make the process less stressful while ensuring your application is optimized for success. In urgent situations, it might be possible to bring an expedited TRP application to an official port of entry (POE), such as an airport or land border crossing station, but this is typically reserved for true emergencies.

Border Lawyer Authorization

A reputable Canadian border lawyer should be considered an "Authorized Representative" with the Government of Canada (IRCC). This allows them to submit a TRP or CR application directly on behalf of a client. A true border expert should have extensive experience with both applications. Consequently, a Canada border lawyer can also be called a Temporary Resident Permit lawyer or a Criminal Rehabilitation lawyer.

In certain cases, it might be possible for a border lawyer to prepare a Legal Opinion Letter to help their client prove admissibility under Canadian law. For example: a traveler with a single DUI in America from a long time ago may be eligible for grandfathered "Deemed Rehabilitated by passage of time" status. In such a case, a Canada border lawyer's Opinion Letter can help prove the person is now eligible for Deemed Rehabilitation and should therefore be allowed to enter the country.

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