SnakeEyes

So after a lot of headaches, I've only recently discovered that the IMM 5708 is in fact only for those already in Canada. the forms title is to be read as "Remain in Canada as[:] a Visitor or [as a] Temporary Resident Permit Holder [while already here].

US citizens apply for a TRP through the LA consulate and use a different form that the consulate uses instead of the TRV (temporary resident Visa) that gets referenced for those countries that are Visa exempt like the USA is.

IM 1444 is the one the LA consulate accepts (I have verified this with the consulate) http://www.cic.gc.ca/english/informa...ns/rehabil.asp

Need to fill out these forms as complete as possible given the circumstance. It's the form for being declared rehabbed but, as stated in the form's instruction guide, for those needing a TRP (since it's been less than 5 years required for other inadmissible remedies) they check the box at the top stating "for information only".

Complete as much as possible apparently means you don't need to have the FBI check and whatnot that would obviously be for proof of rehab. Basically you need to show is your reason, your funding for the trip, that your leaving after, and that what makes you inadmissible doesn't show a risk to Canadians if they let you in.

Providing photocopies of court papers showing charge/conviction, no jail time/injury/accident, tickets, travel and lodging reservations, bank statement and pay stub, and passport (including blank pages as outlined) should suffice for the immigration officer reviewing. Since I went to Germany for the 06 WC I'm also going to provide copies of documentation and passport stamps showing that trip as well to show the reason is not out of the ordinary.

According to a response I received from the LA consulate, the average time for a TRP processing is 2-3 weeks.

I think it's worth trying since it can mean a guarantee of entry ahead of getting to the border but from some reading it seems those with inadmissibility for a DUI with nothing else, that have solid documentation, will almost certainly get a TRP at the border.

FYI.. not sure if it's mentioned but TRP's CA$200 fee is now being waived for the first application. As part of an explanatory letter with my application, I am submitting a bank check but then requesting the waiving of the fee for completeness sake (in the event the waiving of the fee is not a guarantee). Applicants for any immigration service are refunded if they somehow overpay.

LetMeInCanada

SnakeEyes: I'm in the same boat - traveling to Canada for the WC and planned the trip before my DUI incident. Found out about being inadmissible just about a month ago and have been scrambling to find a way in. I do not have enough time to mail in my application for a TRP and am thinking about attempting it at the border. Only difference is my DUI involved an accident (no injuries, no other car involved, only my car).

I've been waiting to attend a WC for years and I really hope I have a chance. No priors and I have more than sufficient documentation with my application.

SnakeEyes

Looks like after getting everything together, right forms, and sent off that it may have bee too late and I may be applying at the border now. I'll let you know how it goes.

LetMeInCanada, when are you planning on going up?

Dubai Stu

I've done several of these for people over the years, but refer most of them to a Canadian colleague. Canadian law says that you can only represent someone if you don't charge (assuming you are not a Canadian lawyer, paralegal, or certified immigration consultant). I practice on the US side of the border and when I do one, I make people write me a check to my favorite charity.

What I normally do (and this matches what Canadian immigration attorneys do -- I've seen at least dozen TRP packets that were attorney prepared over the years).

I draft a cover letter covering all the basis, compelling issues for entry, and introducing the person. I complete loosely the documents on the Rehabilitation checklist.

http://www.cic.gc.ca/english/pdf/kit...s/IMM5507E.pdf

I use the rehabilitation form checked "for information only." I do not do fingerprinting or provide a photograph. The CBSA at the port of entry will do that.

I include the US statute under which the person was convicted and its Canadian counterpart. Canada uses a duck test to figure out what is the closest statute and legal judgment can help here. If there is a Canadian statute which carries under ten years (not serious criminality) which fits the pattern I argue why that is the approrpriate statute. (Where this is in play, really think about a lawyer). It is much easier to get a waiver with ordinary criminality and much harder with serious criminality.

I look for evidence of a substance abuse problem. If the crimes are recent or the person has a history which suggests it, I send them for a substance abuse evaluation and include it in the packet.

I include the case documents -- the police report, the judgment of sentence, order completing probation, etc. I get certified where possible. If it isn't, I verify the documents with the court and prepare an affidavit as an a US attorney that they are true and accurate copies.

If the person has done things to demonstrate rehabilitation, I include them. I also include counseling certificates or letters from their counselors.

I include three well drafted reference letters from people who understand the nature of the person's conviction and can offer meaningful assurances why they aren't likely to be a risk.

If the person is entering Canada for a business purpose, I deal with that issue at the same time. I document their NAFTA status, why they are a business visitor, and if a work permit needs to be purchased why they don't need a labor market opinion.

If the person is entering Canada for personal purposes, I address the nature of the visit, include letters from whom they are staying and at least try to explain why it is a compelling purpose. In my opinion, while the statute requires a compelling purpose, this requirement is not always consistently applied.

The typical packet has tabs till about F. It is a fair amount of work. Don't start on it at the last minute. When you are done, have someone who is whose personality would be close to a border guard carefully scrutinize it and tell you what they see wrong. Make it clear that you don't want them to sugar coat it.

Photo15

Curious how this turned out? I just got a DWI but trial isn't until November. I'm supposed to travel to Toronto in late October for work.

danielonn

Here is something to ponder.

Let's say you were convicted of a DUI and are only flying into Canada without renting a car and just using public transportation because now one can't drive due to a disability? You now only have a State ID Card as opposed to a Drivers License hence you won't be driving and your relative entering with you is the one who will be driving.

Shouldn't they ask you questions such as I see you have a convicted DUI but will you be driving in Canada? If the answer is no then you can come in but if the answer is yes the Border Patrol can say either you cancel your rental car or prove that someone else will be operating the car and if you do not tell the truth you will be deported back to the USA.

I can see a person who was 70 at the time of the conviction now wanting to come into Canada at 74 but has no intention of driving.



I can see this as a problem because when you fly in who is to say you will drive. Now I think its OK if the rental car agencies did their own background check and after x amount of time will let you rent again.

But how can a DUI be enforced if you are flying into Canada and plan to take the train?

Just food for thought.

abaheti

As I understand it (I'm a US attorney, not Canadian, but did look into this for a client last year), they aren't trying to stop people from showing up and driving drunk. They are trying to keep out serious criminals.

Under Canadian law, a DUI is considered a much more serious offense than in the US and is even a federal offense. (Not the forum or my place as a non-Canadian to argue if that makes sense or not.) So, if you were convicted of some other serious felony, you would be doing the exact same process to get into Canada as with a DUI. The US legal system just don't consider a DUI as serious as other crimes.

danielonn

Thanks for your reply but a DUI is a very serious offense in my opinion. I know someone here in my local community that was drinking and crashed into a tree and almost died but survived but sadly with a disability.

Watch this Rescue 911 series(the boy attended the local community college in the Adapted PE program that I volunteered for). Its really sad.


Now I hope you won't ever be caught with a DUI.

abaheti

Wirelessly posted (Mozilla/5.0 (BB10; Kbd) AppleWebKit/537.35+ (KHTML, like Gecko) Version/10.3.2.858 Mobile Safari/537.35+)

I don't disagree with you (helped run a "safe rides" program in my youth). Just pointing out the difference in approach between USA and Canada and anticipating responses from people upset that Canada views DUI as it does and trying to keep on the topic of entry how/why/etc vs drifting into whether or not the Canadian view makes more or less sense than the American. Every country treats some crimes more harshly than others, as is their right and reflective of their norms, ideals, politics, and culture. Other countries might want to block visitors with felonies but not care about DUIs.

uavking

Sorry to resurrect this thread again, but does anyone else have a similar experience regarding completed IL court supervision and Canada? If so, did you find any particular documentation handy when applying for NEXUS/dealing with Canada?

SpaceCoastBill

Delete

billdozer12

Yes - it was a stupid college mistake - but it's the only thing on my record and no one was harmed.

My problem is the TRP process. They'll deny me entry at first, and make me go through the process. However, I don't have (what I think, at least) is a "significant" reason to enter Canada - just a ski trip that we've had planned for a few months.

I have quite a bit of family in Canada and have been granted entry twice since my conviction in 2007. Not sure if that matters.

Any advice? Should I cancel my trip? It's in 50 days, so there probably isn't enough time to apply for the TRP through the Consulate ahead of time.



Thanks!

Section 107

Call the consulate and ask them about your situation and processing times - time might not be an issue at all.

Your justification is to visit family - which they have apparently accepted twice since your conviction - and to contribute significant support to the Canadian economy by visiting one of their ski resorts.

Your record of past visits to Canada with no "troubles", and (hopefully) record of no new troubles in your home country, should show that you present no danger to Canadian citizens and residents.

Your demonstrated record of entering and leaving Canada as promised on previous visits, I think, should be enough to convince them you will honor those promises this time, as well.

billdozer12

Thanks!

My family won't be part of this ski trip, though, so I wouldn't want to mislead a CSBA by telling them I was seeing family.

I will call the Consulate. I would love nothing more than to have a little peace of mind before traveling 10 hours with the prospect of being sent packing before entering Canada!

billdozer12

ecko or snakeyes, any updates?