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Am I inadmissible to Canada?

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Meowmix View Drop Down
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    Posted: 30 Jan 2012 at 11:37am
I would like to briefly visit Canada this summer. I have a suspended sentence for Retail Fraud 3rd degree in my background, which resulted in no conviction on my record. Am I inadmissible to Canada? What can I do? It has only been about 6 months since this happened.
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computergeek View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 31 Jan 2012 at 5:32pm
You really should speak with an experienced attorney, but based upon a basic reading of the CIC website, it seems very likely that you will be deemed criminally inadmissible.  See http://www.cic.gc.ca/english/visit/faq-inadmissibility.asp for a description of the basics of this.


FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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Meowmix View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Meowmix Quote  Post ReplyReply Direct Link To This Post Posted: 31 Jan 2012 at 6:12pm
I have read that information several times, and I have spoken to an attorney. My sentence in this country did not result in a conviction, therefore I was not 'convicted'. My background check shows 'dismissed' in lieu of a sentence. He advised me to get a legal opinion to accompany a copy of my court record in case I am questioned when I arrive, but doesn't forsee problems, as long as I can prove it was not a conviction.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 02 Feb 2012 at 7:28am
The attorney's advice is probably as definitive as it gets . . . except if you have a certified copy of the court's record of disposition clearly showing that the charge has been dismissed, that will work best.

If the charge is still in a conditional status, such as it is dismissed pending the occurrence of certain events, such as the completion of a period of good behavior, that is problematic. That amounts to a pending charge. Inadmissibility is primarily based on what the offence is (and its Canadian equivalent in particular) for which one was convicted, but pending charges for which the equivalent is an indictable offence in Canada (remembering that even though the charge can be and usually is charged as a summary offence in Canada, if it can be charged as an indictable offence, for immigration purposes it is an indictable offence) then there is a significant chance of being turned back at the border.

Actual admission to Canada is discretionary. The officer at the POE may allow entry even with something like this on your record. The officer at the POE may decide to not allow entry based on a variety of reasons even if you are not technically inadmissible. So no one can give you an absolute, oh yes, for sure you will be allowed into Canada answer.

But if you have a copy of the court's record of disposition, and especially if that is a certified copy (something that is worth having in your records anyway), and that shows the charge as dismissed, probably no problem related to this.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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Meowmix View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Meowmix Quote  Post ReplyReply Direct Link To This Post Posted: 02 Feb 2012 at 11:44am
thanks for the insight. i had not planned any travel until the situation was resolved and i have a copy of my court record, so pending charges should not be an issue. your information was very helpful,thanks again.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote francis5k Quote  Post ReplyReply Direct Link To This Post Posted: 05 Feb 2012 at 8:31pm
Immigration Direct has empowered thousands of immigrants to successfully prepare their immigration applications.
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