mdkowals

MrEcks, I would think that if you have a document from the court with a firm date of completion of sentence that should satisfy the application. Thanks for the updates!

MrEcks

I'm swinging back the other direction on this part. I read some more anecdotes from various lawyer sites and I get the impression that applications are reviewed based on what a given crime and punishment would look like in Canada. Even though my State divides the administration of these matters between two separate governmental entities, Canada is only concerned with the total consequences arising from a given conviction.

An interesting comment was that, while a Border Agent has discretion, Agents are subject to a standard of review. This is meant to keep evaluations for Entry consistent - if an applicant meets the given criteria for entry, it shouldn't be a 50-50 proposition whether they get in.

Someone on another forum recently sent in a TRP application, so we are waiting to see turn-around time. If it is four months, then applying through Consulate won't work for me. If my Application is complete, then the question is whether to risk attempting this at a Port of Entry. A friend was telling me that he went and two associates were sent to Secondary with this issue. One was admitted and one was turned back. He didn't know what the difference was, but was surprised that the guy sent home was a Senior Accountant, and not some punk kid. I suspect that the gentleman in question tried to turn his Interview into a Debate.

MrEcks

Probably last update, for a while. I received my FBI file and it's damning. I have a misdemeanor charge from over 20 years ago that was dismissed, yet report says something about disposition not required to be reported. Also, I was slightly injured during my DUI arrest which requires the officer to add a charge of Resisting Arrest. He was kind enough to make that a Felony charge. It was so ridiculous that I was released with no bond (unheard of for that charge) and District Attorney never pursued the matter to indictment.

Anyway, I now need to start at the bottom - in two states - to get these items expunged.

Lesson Learned: Even though some have said that FBI and State Certifications are only required for Rehabilitation, it's possible that non-events could appear during TRP review and make applicant appear to be lying. I would reccomend starting this process with your FBI file. It cost $18 for request, $20 for fingerprints (I hear it's only $6 at a police station) and took five days.

I'll update with results of expungement efforts.

MrEcks

Seems there is no such thing as expungement - if you are arrested, you have a file. I went to prosecutor's office today and got a letter stating that I was never charged for the felony arrest and no one bothered to update anything downstream. Now I have to take that letter to another department and see if they can update my FBI file.

As far as Canada is concerned, I'm thinking about applying for rehabilitation using the dates provided by court. There seems to be a real disconnect in terms of legal "equivalency." On the one hand I read that all that matters is the Canadian equivalent of a given charge and sentence, yet on the other they are using US sentences and dates for rehabilitation. This seems broken on two levels. In one case a DUI from a "slap on the wrist" state would start the rehabilitation clock running essentially from the date of arrest. In a state where MADD is active, the exact same offence would cause the clock to start after a harsher sentence. Considering how difficult it has been for me to gather the required information, I wonder how much deeper they would dig for 200 bucks.

jc94

MrEcks

FBI site states that it's 12-16 weeks for applications received by mail and 3 - 5 days from receipt of finger prints for applications submitted online.

Anyway, person on another forum just heard from Consulate that TRP processing time is four months unless it qualifies to be "expedited." From what I have read, "expedited" processing is reserved for professional athletes and musicians. I suspect this is why all processing goes through L.A. Consulate. So, at the end of the day, the whole system exists to line the pockets of Entertainment Lawyers and get rink-side seats for senior Consulate Staff. A complete farce - it's time for the Canadian Tourism industry to step up and bring this goofy policy into the 21st Century.

I'm sure every other civilized country has something akin to felony/misdemeanor classifications. Just as I would bet that, like the U.S. and Canada, most countries could charge something like DUI or Assault as felony or misdemeanor, DEPENDING ON THE CIRCUMSTANCES. Astounding that Canada can't figure out how to tell the difference. It's really not that hard.

MrEcks

Any thoughts on how conflicting legislation will affect this issue: On one hand there is Bill C-46 which aims to classify all DUIs as Serious Criminality, and on the other are moves by the provinces to decriminalize DUI altogether.

gglave

The provinces don't have the power to "decriminalize" DUIs - The Criminal Code is a federal matter.

What the provinces (like BC) are starting to do, is choosing to not charge many DUIs as criminal offenses and instead charged them as "moving violations," (aka traffic offenses) albeit ones with harsh penalties like large fines, driving suspensions and/or vehicle confiscation - All with a lower threshold (0.5%).

They're doing this to address the enormous costs that come with prosecuting drunk driving - Defendants fight tooth-and-nail (no surprise there) as is their right to prevent a criminal record and going to jail.

So it's true that you may get into a weird situation where non-Canadians charged with a DUI are treated more harshly than Canadians with a similar charge.

smb243

I applied for a TRP from inside Canada last year, I want to share my timeline and if anyone else in a similar situation can share theirs I'd love to hear it, I'm at the stage where I'm hoping for a decision every day but it's just radio silence.
I have a DUI / DWI from another country, sentence was completed 3 years ago so can't go for criminal rehabilitation. I have a Canadian employer who is wants to keep me employed in a high skilled job and is supporting my application, so that helps it carry more weight.

I applied for a TRP by paper application last November. In March I was asked for passport photos, which means that somebody had started to look/review my application by then. I haven't had any communication since.

According to the CIC websites processing times they are currently processing applications submitted in February 2018. So kinda wondering what is happening with my application.

Has anyone else applied for a TRP recently (in the last year or 2) who can share their wait time for a response?

rckcmp

My fiance has been a Global Entry holder for a couple years now. She made a mistake in the spring and got pulled over after drinking a few glasses of wine at dinner with coworkers. Long story short she passed most of the field sobriety tests but refused a breathalyzer. Arrested and charged with OVI. She was offered a plea to accept minor traffic offense and a "physical control (alcohol)" violation because she travels around the country for work and didn't want to deal with fighting it. We have tickets to fly into Vancouver this weekend to visit her ENTIRE immediate family for Christmas and with aging parents, she may not have many of these left. What are the chances of her being denied at the border. She has a clean record besides that and has a very successful professional career with no issues besides that. As an added note, would a reduced charge like Physical Control affect her when she renews global entry? Thanks in advance!

TWA884

Since this question is a Canada specific topic, please follow discussing this discussion as it moves the Canada forum where there are several thread on this subject, including the following:
TWA884
Travel Safety/Security co-moderator

Toshbaf

[Moderator edit] By the way, this is terrible, the way Canada treats Americans with DUI problems.

ls17031

As of December 18th, 2018 a police officer in Canada requires no reasonable grounds to administer a breathalyzer to a driver whom he/she has lawfully intercepted for any reason. I'm proud of my government for finally taking this initiative that has saved countless lives in other civilized countries. You can merrily remain in your country where you seem to consider impaired driving as a "problem" only to those who get caught.

Badenoch

Lawful reasons include the arbitrary RIDE (Reduce Impaired Driving Everywhere) stops. It is also an offense to refuse a breath test. Whether it passes a constitutional challenge remains to be seen.

I have no problem with RIDE and also support the hard line taken by the CBSA when screening visitors to the country. The era of laughing off a DUI are long past us.

Toshbaf

Very smug but a false accusation. Canada has the world's highest drunk driving death rate among developed country. The death rate is higher than the US. Therefore, the comment "you can merrily remain in your country" is fake news and misinformation.

https://nationalpost.com/news/canada...-s-study-finds