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I have a friend that has a misdemeaner for a DUI and two drug felonies from more than 20 years ago. They are from two different states--California and Nevada. Her fiance lives in Canada, and she wants to move there to be with him. She was told to get her records expunged but doesn't know how in different states or if it's a possibility. What can she do to get to her fiance in Canada as soon as possible and have a great life?
I would need to see her record to give any definitive advice, but I think she will need to apply for rehabilitation. You need to convert her offenses into their Canadian equivalent. Most likely both offenses would be indictable or hybrids. You can only get deemed rehabilitated with one indictable. She'd need to apply.
She should start roughing the form out herself to get an idea what documents she'll need. She needs to get fingerprinted, get criminal record checks for all her states, etc.
I doubt she'll be able to expunge her conviction under the circumstances, but expungment is the better route. Canada will generally honor US expungments.
She can get a temporary residency permit at a POE, but she'll need to get these questions answered. She'll want to get reference letters, copies of college transcripts, and other documents to prove her rehabilitation.
I'm only scratching the tip of the iceberg with this stuff, but it should get you started. By the way, where does she currently live and where does she normally cross into Canada?
She has been rehabilitated, but the place where she went is no longer open and they can't find a record of her rehabilitation in that county. She has her FBI records. She lives in Arkansas. She was turned away in Ottawa in 2009, but it was a toss-up because the immigration officer was given the choice from her supervisor as to whether or not to allow her through. She said she was going to send her back to take care of it. She red-flagged her, so she is not allowed in or trying to get in without Counsulant approval. How can she get that and what does she need to do? How can she get a temporary residency permit?
Rehabilitated is a term of art. You must show that you are highly unlikely to take part in further crimes and that at least five years have passed since your criminal file has been completely closed including probation time. Rehabilitation can take at least a year to get and needs to be applied to through the Canadian consulate or embassy. It takes a year or more to get on average.
A temporary residency can be used to bridge the gap. A compelling reason to visit Canada is needed for a TRP, but is not required for a rehabilitation. Because she has been denied once, I suggest she speak with a Canadian immigration attorney. One critical issue is whether the CBSA thought she lied to them. I would suggest you order the "FOSS" notes under the access to Information Act.
I want to add two things: (a) first, the Access to Information Act due is limited to Canadian citizens and permanent residents. Therefore the the fiance has to make the request, not the woman. She needs to give him a consent to access form and he needs to access it for her; (b) I would talk to a Canadian immigration lawyer about the wisdom of applying for a fiance visa prior to applying for a spousal visa or solemnizing the major. My opinion is that generally once you apply for permanent resident, this makes temporary visits harder. You also aren't eligible for this visa unless you are admissible so my instincts are to cure admissibility first. Additionally, there is nearly two year backlog on processing spousal visas at the US Consulates.
Thank you for your help. What is considered a "compelling reason"? As far as she knows, they didn't believe she was lying. She was honest about her record when they pulled it up. When they pulled it up, they were confused on the charges and the officer made a personal call to send her back to the US to clear record. She will give her fiance any consent needed. So, she needs to try for a fiance visa rather than a spousal because it takes longer?
No. I'm saying the opposite. In a perverse way, immigration/border agents see people with too many ties to a country a bigger problem than casual visitors. Once you've applied for a landed immigrant status they are more likely to look for evidence that you won't leave. Additionally, there is a lesser concern that people often cross to take advantage of the shorter times for an in country application. It is about 8 months for an in country application v. the times I quoted before for a out-of-country application. On local TV, every couple of years we hear a story about a cross-border couple who dated without incident and everything went well until then told customs they were engaged. I am not saying to lie, I'm saying that you may wish to ask an expert about how you order these things. My fear is that they will tell you to apply for rehabilitation and the spousal sponsorship visa simultaneously and you'll need to wait until the Government decides those.
Let me clarify something I wrote above as well. There really isn't a fiance' visa. You can apply for a spousal sponsorship visa if you have a conjugal relationship even if you are not married. Conjugal means something other than sleeping together it means a marriage type relationship. In fact, Canada recognizes that an immigration barrier can be a reason why such a relationship has not assumed a physical form. Your spouse/sponsor has to have the means to sponsor you, but they don't have to be reach. They cannot, however, be receiving benefits.
Compelling reasons for a TRP have never been defined, but if you look at the rule you get the sense that they are disfavored:
When inadmissible individuals want to visit Canada for work purposes and apply for a TRP, they are routinely asked questions like: "is there anyone else in your company who can do this job?" "why are you the one who has to handle this job?" The word "compelling" is my word, not theirs but I think it helps set the tone. I am incidentally not the only one who uses the word. See:
TRPs are disfavored. They take a fair amount of manpower to process and the quality of investigation they can do at a Point of Entry is limited. Rehabilitation is the preferred option, but the backlog (due to the time it takes to do the very same investigation) makes most people resistant to using that process exclusively. People apply for a TRP as a bridge while the rehabilitation is pending.
You've characterized the reason for her denial of admission in slightly different terms earlier on and currently. Nothing huge, but be aware of it. You initially stated that she had been red flagged against further admission attempts. Today you say she was "sent back to the US to have her record cleared." You also said that her case was close and that the original agent was on her side, but the supervisor did a 180 degree turn.
You need to see how the file was documented to figure out your approach. If she was simply turned back because she was missing documents that they wanted, then it isn't a big deal. If someone trashed her in the computer, it can be more complicated. Rule 1 for any fight -- know your enemy. If someone was vengeful in dragged your friend through the mud, pop for a lawyer. Don't try it without one to save the money. You'll be spinning your wheels.
Rule 2. Get all your paperwork in order. You are going to need certified copies of everything for the formal rehabilitation application. While they are more willing to take unofficial at the Point of Entry, my recommendation is have an unofficial copy you can leave an official copy to show to them. Over document your file and present it in a neat well organized binder with organized tabs and a table of content. Have reference letters, pertinent court documents, etc.
Rule 3. Fly to a US border city with a major point of entry (Detroit, Bellingham, Buffalo, etc.). Show up at a time when the CBP is not overflowed. Bring a water and a book. I recommend land crossings because the office is not overwhelmed with arrivals at once and more importantly, they don't have to worry about getting you on the last plane back home if they say no. Just as importantly, if something minor is out of order, you can drive back to the US side, try to fix it there, and then head back that day or the next. Unfortunately, the CBSA doesn't allow you to schedule appointments.
Mega Disclaimer: I am a US attorney, not a Canadian one. I've practiced on the border for 25 years and have picked up a ton of information through the school of "hard knocks," but the free advice you are getting is worth just about what you are paying for it. Double check what I say.
so what if i was charged with a class one felony, possesion for sales, in 2008 but completed probation and then got my record expunged? im hoping to go to my cousins wedding.
Many sports figures, including athletes and coaches, have had DUI's or other criminal convictions. The National Hockey League has seven teams in Canada, the NBA and major league baseball each have a team in Toronto (MLB used to have a team in Montreal), and the Buffalo Bills play one regular-season game each year in Toronto and the CFL has many American players. Vancouver hosted the Winter Olympics in 2010, attracting athletes from many countries with a variety of judicial systems. Undoubtedly, there were some athletes in the Olympics who had been convicted of a crime somewhere.
I have never heard of an athlete with a criminal conviction who was denied entry to Canada when his team played in Canada. I am sure that some of the major pro teams in Canada, such as the Toronto Blue Jays of baseball, the Toronto Raptors of basketball, or any of the Canadian NHL teams (Canucks, Oilers, Flames, Jets, Maple Leafs, Senators, and Canadiens) have at least one non-Canadian player on their rosters with a criminal conviction at some time in their life.
How do these players, coaches, and other sports figures get into Canada? I can provide examples upon request.
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