Am I inadmissible to Canada? |
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Meowmix
New Member Joined: 30 Jan 2012 Location: United States Status: Offline Points: 3 |
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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
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
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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.
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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
New Member Joined: 30 Jan 2012 Location: United States Status: Offline Points: 3 |
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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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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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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. |
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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
New Member Joined: 30 Jan 2012 Location: United States Status: Offline Points: 3 |
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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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francis5k
Junior Member Joined: 24 Jan 2012 Status: Offline Points: 22 |
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Immigration Direct has empowered thousands of immigrants to successfully prepare their immigration applications.
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