Originally Posted by
dulciusexasperis
Good job mdcowals. No doubt though, there will continue to be posts by those hoping they can 'get around' it and continuing to ask the same question over and over while hoping for a different answer.
Yes, I've seen some keep asking the same question: "If I just show up, will I get through???", but many others ask pertinent questions that rarely get answered. Thankfully some have pointed the way to Guide 5312, Form IMM 1444 and form IMM 5507, which explain the Rehabilitation/TRP process (although some contradictions exist, based on the advice of lawyers and other posters.)
In the interest of answering the most common repeat query ("what do I with a U.S. DUI that's less than five years old?"), I would like to document my journey here. (I have another, old thread on this matter, but it seems more applicable to Canada Forum.)
As has been posted "over and over," there is simply no way to know what will happen if you "just show up" with an infraction on your record. There are many stories of people that got in dozens of times and then got stopped. I will attempt to document my experience of trying to overcome inadmissibility via TRP:
Form IMM 5507 contains a checklist of required documentation that must accompany a TRP application - I am in the process of procuring that documentation. I encountered my first hurdle at the courthouse, today. The problem is that various aspects of a given sentence are carried out by different agencies, and not all documentation may be available.
Today I was given an Official Letter stating that my case was considered "Completed" - no further action required. Form IMM 5507 seems to clearly require a detailed accounting of a given sentence, with dates of completion. Unfortunately the "Letter" does not provide that information - it simply states that I have completed my sentence to the satisfaction of the State, without listing individual elements of the sentence, or dates of completion. It's possible that this document would suffice, but I would prefer to err on the side of caution and provide dates and documentation for every element (jail, fines, classes, community service, license reinstatement and completion of Interlock requirement.) This brings up an interesting question: As far as the State is concerned, my "sentence" was completed in 2012 - any driving restrictions were between me and Motor Vehicles Department. By choosing to continue driving, I had to follow their rules (Interlock) through 2014. I'm curious if someone that chose to give up driving could apply for Rehabilitation five years after completion of Court-imposed sentence, or if Canada would consider their "sentence" still incomplete? In any event, I am proceeding as if my sentence was completed when Interlock was removed.
Next step: Head back down to courthouse tomorrow and request a more thorough accounting of my case, The clerk seemed to indicate that my choices were "everything," or the "Letter." My fear is that "everything" will be pages of trial transcripts, but nothing about my jail dates, fine receipts and substance abuse assessment.