Canadian Rehabilitation Lawyer for Americans with a Criminal History

If a US citizen has ever been convicted of a misdemeanor or felony that Canada considers potentially serious, they may be considered inadmissible to the country on grounds of criminality and refused admittance. There are many types of offenses that can make an American criminally inadmissible to Canada such as DUI, reckless driving, theft, domestic violence, possession of a controlled substance, harassment, assault / battery, and fraud. Even non-criminal driving violations such as DWAI in New York or DWI in New Jersey can ban a person for life.

If an American citizen or Green Card holder is classified as criminally inadmissible, he or she can potentially overcome this inadmissibility forever by applying for Canadian Criminal Rehabilitation (CR). This is an extremely complex legal process that involves trying to convince the Government of Canada that you will never reoffend and should be considered rehabilitated. A person becomes eligible to apply for CR once all sentencing including probation or parole has been completed for at least five years. Many Americans hire a Canada Criminal Rehabilitation lawyer to help them through the process.

A Canadian Rehabilitation lawyer can help ensure their client has the best possible odds of success by preparing a strong case for why the person is not a threat and is perfectly safe to let in. In order to be approved, every single arrest, charge, and conviction in a person's past must be addressed in detail. Even an arrest history from more than 20 years ago must be adequately handled, Immigration Canada does not mess around and their standards are exceptionally high. Many Criminal Rehabilitation applications end up being 100+ pages long, so unless being able to enter Canada with a DUI or criminal record is important many people simply avoid the nation rather than dealing with paperwork. If an individual is granted Criminal Rehabilitation approval, their past offenses will be forgiven permanently and they can start visiting Canada as often as they wish.

Want to learn more about how a Canada Rehabilitation lawyer can assist you? Contact our law office today for a FREE consultation!

Canadian Rehabilitation Lawyer Cost

There is no way to apply for Criminal Rehabilitation Canada online, applications must be submitted directly by an "official authorized representation" such as a Canadian immigration lawyer or mailed away to the appropriate consulate. When considering whether or not to hire an immigration attorney to assist you with going to Canada when you have a DUI or other misdemeanor or felony history, the main concern for most is how much will a Criminal Rehabilitation lawyer cost? The answer will often vary depending on several factors such as the complexity of your situation and the experience of the attorney.

The primary factor affecting the cost of hiring a Canadian Rehabilitation attorney is the amount of work that will be required to prepare your unique Rehabilitation application. If a US citizen has a single DUI or reckless driving conviction, the average price quote from a Criminal Rehabilitation Canada lawyer will usually be significantly less than for an individual with several felony convictions. In order to be successful, a person's entire criminal history must be properly handled, even very old incidents. The Canadian Government can see convictions from as far back as the 1970s, so there really is no age limit for old crimes. Even if a person was never convicted, every single criminal charge in their past must be dealt with as there is no presumption of innocence when petitioning Immigration Canada. Consequently, the more times a person has been arrested the more time a lawyer will typically need to invest in preparing their paperwork. If a USA citizen has an extensive criminal history, their Criminal Rehabilitation application could easily be a few inches think. In such a case, the cost of a Canada Rehabilitation attorney will likely not be cheap.

If a United States citizen receives a Criminal Rehabilitation Canada approval, their past inadmissibility is permanently resolved and they will never again need to stress about getting refused entry due to their old criminal record. Since Rehabilitation is a permanent Canada pardon, however, governmental authorities review applications thoroughly in an effort to make the best decision they can. CR Canada applications can take 12+ months for government processing which gives you an idea of how extensive the process truly is. People can end up traveling to Canada dozens of times after getting approved, so a Canadian Criminal Rehabilitation lawyer must genuinely convince the adjudicators that their client will never ever commit another crime. In some cases, a qualified lawyer can electronically submit a Criminal Rehabilitation application, sometimes referred to as "eCR" or "expedited" Criminal Rehabilitation, which can potentially result in the paperwork being reviewed significantly faster.

In general, the more experience a legal professional has in helping clients from the US overcome inadmissibility via Criminal Rehabilitation, the more they will charge for their legal services. If an attorney has a reputation for being one of the best Criminal Rehabilitation lawyers in Canada, chances are he or she will not need to discount the price of their services in order to attract clients. Education can also play a small role in how much a Canada Rehabilitation lawyer charges, as better educated professionals may demand more money for their legal services because of their impressive resume. While the cheapest option for trying to travel to Canada with a criminal record is often tempting, after all most people love to save money, it might not be the best choice so it can be wise to shop around with several law firms.

Due to the complexity of applying for a Canadian pardon, and the many intricacies involved, identifying the right Rehabilitation attorney for you can be very important. If your situation is particularly challenging, retaining a Canadian Rehabilitation lawyer with experience preparing similar applications might be smart. When looking for a Criminal Rehabilitation attorney online, reading lawyer reviews can help you identify candidates with the skills and experience you are looking for. Some people even search Reddit and other Internet forums looking for recommendations for Canada Rehabilitation lawyers.

There are a plethora of good questions a person can ask when assessing if a Canadian immigration lawyer is right for them. How many Criminal Rehabilitation applications have you prepared for Americans? Did any of them have a similar criminal record to mine? Where did you go to law school? How many years have you been practicing law? Are you a partner in your firm? Will you be handling my file directly or will I be a client of a junior attorney? What are the risks that I will not be approved for Criminal Rehabilitation? Are you currently accepting new clients? How much do you charge to prepare a Canadian Rehabilitation application? Do you offer a flat-rate service so that I do not need to worry about hourly billing surprises? In addition to being a Canada CR lawyer, what other legal services do you provide? Are you an authorized representative with Immigration, Refugees and Citizenship Canada (IRCC) who can submit my Criminal Rehabilitation application directly?

Do I Even Need a Criminal Rehabilitation Lawyer?

When an American drives to a Canadian land border crossing, or arrives at an airport in Canada, they must present a piece of ID to border officers such as a US passport. If the visitor has a criminal history, the Canada Border Services Agency (CBSA) computer system can then flag the individual immediately. This is possible because United States criminal record information is provided to the Canadian border by the FBI, allowing them to run instant background checks on American travelers at the border. Consequently, citizens of USA that are inadmissible to Canada because of a misdemeanor or felony conviction must either avoid the country or apply for special access if they do not want to risk being denied entry.

Since Criminal Rehabilitation is a permanent fix, it is the preferred route for overcoming inadmissibility. Once eligible for Canada CR, applying for a Temporary Resident Permit (TRP) should only be done if a person needs to enter the country quickly. It is a tremendously extensive process, however, and in our experience very few people realize just how involved requesting a pardon is. For example, did you know a Criminal Rehabilitation application can require several background checks? Supporting documents can also include a photocopy of your passport, driver's license, and birth certificate, a copy of each court judgment made against you, and court documents containing detailed information about the sentence imposed and when all sentencing was completed. Without assistance from a qualified Criminal Rehabilitation Canada lawyer, it is easy for a person to forget to include all the correct supporting documentation.

Making sure documents are exactly what is required for a Criminal Rehabilitation application can also be tricky. For example, some people might need to include a criminal clearance from other countries if they have ever lived outside of the United States. Applicants from USA must also include a state certificate or letter from a police authority from each state they have lived in as an adult, and a national FBI certificate is also necessary. Canada can be exceedingly picky about such background checks, requiring them to be original copy on special paper and fingerprint-based not name-based. Again, a Canadian Rehabilitation lawyer can help ensure their client's application contains all the correct items exactly how the Government wants them to be. A Criminal Rehabilitation lawyer (IMM1444 lawyer) can also help ensure their client's application includes the type of solid evidence that is crucial to an effective petition.

Is It Worth Retaining a Canadian Rehabilitation Lawyer?

One of the most difficult aspects of applying for Criminal Rehabilitation is equating each offense to Canadian law in an accurate manner. This involves showing the language of the specific statute in USA, and proving what the equivalent law in Canada would be. This can even be a challenge for a seasoned Canada Criminal Rehabilitation lawyer, as in some cases it must be shown that the statute in USA is not "wider" than the one north of the border, otherwise it might be possible for the offense to be equated to a more serious crime. Further complicating things, if the equivalent law in Canada has changed since the time of a person's offense, their conviction may need to be equated to the old law. For example, the Canadian Government implemented tough new DUI laws in December 2018, and driving under the influence is now a serious crime. If a DUI arrest happened before this date, however, the offense is likely "grandfathered in" under the old laws and thus should be equated to the previous statute. It is of the utmost importance that all convictions on a person's background check are accurately equated to Canadian law.

"Serious criminality" is the designation given to those infractions determined to be severe by Canadian immigration authorities. If a foreign national has a conviction that the Government of Canada views as serious criminality, it will be harder for him or her to get approved for CR. The Criminal Rehabilitation processing fee can also increase from CAD 229.77 (USD 175) up to CAD $1,148.87 (USD 875) for applicants with a serious criminal record. This can substantially increase the total cost of applying for Criminal Rehabilitation as the processing fee must always be paid even when working with a legal professional. Consequently, when possible it is smart to provide evidence that an offense should not be equated to serious criminality. For example, in Canada theft under $5000 is considered standard criminality and theft over $5000 is considered serious criminality. Therefore, if an American citizen has a theft-related misdemeanor or felony conviction, a Canadian Rehabilitation lawyer should do everything in their power to show it equates to a crime in Canada that is not serious.

There are many ways an excellent Criminal Rehabilitation lawyer can bring value to their clients. Writing a persuasive narrative for why their client should be considered rehabilitated is a big one. Ensuring all the required supporting documents are included in an application is another. There are also subtle elements to preparing a Rehabilitation application that are crucial, such as equating as many arrests to non-convictions as possible. If someone was charged with a DUI, for example, but completed a diversion or deferment program, a Criminal Rehabilitation attorney may be able to equate the offense to a non-conviction in Canada. Likewise, if someone had a misdemeanor conviction or felony conviction expunged, a Canada immigration lawyer may be able to equate the offense to a Record Suspension in Canada which is also a non-conviction. In a nutshell, IRCC authorities can essentially assume a conviction unless an applicant proves otherwise, so providing the pertinent information and supporting evidence to establish that an offense should not be treated as a conviction is paramount when possible.

When applying for Canadian Rehabilitation, some applicants may have offenses in their past that look terrible on paper but actually are not that serious. For example, indecent exposure sounds awful, but the equivalent crime in Canada is only a summary offense with a maximum jail term of two years. Another fairly common crime that sounds brutal is terroristic threatening, a term that can obviously raise alarm bells despite typically only being a misdemeanor. When you hire a Canadian Criminal Rehabilitation lawyer, they can help make sure your offense is accurately equated to Canadian law so that the person reviewing it does not think a crime was more serious than it actually was. A Rehabilitation lawyer can also ensure a person's offense or offenses are presented in an optimal fashion and that the events surrounding the offense are portrayed in a clear and concise manner.

Canada Rehabilitation Lawyer vs. Criminal Defense Attorney

Upon reading about Canada's border rules prohibiting entry for criminals, many Americans decide that they want to apply for Criminal Rehabilitation in an effort to be able to start crossing the border freely again. After researching the process, many of these people also decide that it makes sense to invest in an attorney to assist with the process. Not everyone understands what type of attorney they need, however, as the differences between a Canadian Rehabilitation lawyer and a local DUI defense lawyer may not be obvious. Depending on a person's reason for entering Canada, and how soon they need to travel, they may also require a Temporary Resident Permit (TRP). Most Criminal Rehabilitation attorneys are also Temporary Resident Permit lawyers since the applications are similar.

A criminal attorney can help defend someone arrested for drunk driving or charged with a crime. An American will frequently consider hiring a defense attorney located in the area where their offense transpired if they plan to fight the charge or want legal representation in court. For example: if you were arrested on suspicion of impaired driving in Los Angeles, you would think about hiring a Los Angeles DUI lawyer. This local DUI lawyer should be familiar with California criminal law, but will almost never specialize in Canadian law. Consequently, if your primary goal is to cross the border they may not be the best legal counsel to consult.

A Canadian immigration lawyer can help a citizen of the United States enter Canada with a criminal record, and is typically located in Canada. They are normally an IRCC authorized representative, allowing them to submit applications directly to the Government on behalf of clients. A Canadian Criminal Rehabilitation lawyer is an immigration attorney with a focus on helping people apply for Rehabilitation so they can go to Canada with a misdemeanor such as DUI or a felony. Since most Canadian Rehabilitation lawyers are based in Canada, they usually have a website explaining their services because many people interested in their assistance are based in the United States or other countries around the world. In summary, a DUI attorney is usually local and helps a person with a recent DUI arrest. A Criminal Rehabilitation lawyer is usually based in Canada and helps Americans with a misdemeanor or felony conviction cross the border.

Questions about how a Canadian Rehabilitation Lawyer can help you? Wondering the cost of a Criminal Rehabilitation attorney? Contact our legal team now for a free consultation!