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I hate to pry, but what substance and how much. Feel free to privately message me. Why I'm asking is that it could matter in determining whether you are guilty of serious criminality under Canadian law. If we can keep the potential penalty(if the crime happened in Canada) it under ten years penalty, you might manage to qualify for "deemed rehabilitated" if you have no other convictions.
Correction also. I referred to a case earlier today as Chen v Minister. The correction name is Lui v. Canada
(Minister of Citizenship and Immigration) (1997), 39 Imm. L.R. (2d) 60 (F.C.T.D.). My apologies.
If it is converted as possession, you are "deemed rehabilitated;" if it is converted as trafficking you need to go through rehabilitation. You're going to want to put together a hybrid application that argues that you are admissible, but if you are not, then you are rehabilitated.
I reread Liu last night and a Louisiana Supreme Court decision called Liu (cited on the forum). I think you can argue that as well. Having said all that, an expungement will cure your problems. How long before you have to travel to Canada? How long does an attorney down there think it will take to expunge you. Canada will honor a US expungment.
I have a possession with intent to distribute drug felony from 5 years ago. I served two years in prison. Since I've been home, I opened a restaurant in St. Louis, MO. I have a friend in BC Canada that is trying to get me to open a restaurant there. They've researched locations for me but I need to go look at these places. Do I need to hire a Canadian lawyer? Or can somebody from the US probation office write a reference letter for me to present to a border agent? I don't know how this works..
You don't officially need a lawyer, but I'd recommend one. Your charge is serious and not that much time has passed since your release. When did supervision end?
3 years ago. I have a fantastic relationship with the cheif and deputy chief at the US probabtion office here in Missouri. They bring their families to my restaurant all the time. They've even filmed a documentary on me. Can they help with anything?
Everything can help. Your problem is that a border agent has a ton of discretion and you don't live near the border. If you lived twenty minutes from the border, going back multiple times wouldn't be a huge issue. You need it right the first time. I would pull everything together and then hire a lawyer to fly spec it.
I wish I would have read this thread sooner as Im about 40 mins from Vancouver right now. I was convicted of possession of cannabis with te intent to sell in California. After completing my sentence, I was able to reduce it to a misdemeanor possession of concentrated cannabis charge (California system allowed me to do this). Furthermore, the charge was dismissed; a dismissal is an expungement in California. I'll share my experience soon enough.
I crossed via Amtrak train. I got in fine because of my expungement but not before a thorough search and questioning.
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