For US citizens with a singular past criminal conviction, entering Canada might still be possible through the concept of “deemed rehabilitation.” This process evaluates your criminal record and determines whether you’re rehabilitated by Canadian immigration law. Here’s what you need to know:
Criteria for Deemed Rehabilitation
Deemed rehabilitation depends on several factors:
- Nature of the Committed Crime: The type of offense plays a significant role in determining eligibility.
- Severity and Time Elapsed:
- Minimum of 10 years since completing the sentence for one indictable offense.
- At least five years for two or more summary convictions.
- Frequency of Crimes: The number of offenses committed affects your eligibility.
- Comparative Punishment in Canada: The offense must be punishable by imprisonment in Canada for less than ten years.
Assessing Eligibility for Deemed Rehabilitation
There is no formal application process; however, there are several ways to assess your eligibility:
- Consular Office Assessment: Before traveling, it’s wise to check your status with the Canadian consulate in your region. You can fill out an Application for Rehabilitation for informational purposes to ascertain your eligibility.
- Canadian Port of Entry Assessment: You can also be assessed at a Canadian Port of Entry. Bring all relevant documents about your criminal history. Canadian immigration officers will review these to decide if you qualify. However, this comes with the risk of potential inadmissibility.
- Attorney Assessment: Consulting with an attorney licensed in both the US and Canada provides an accurate assessment of your convictions. Our licensed attorneys can help you understand how your US convictions compare against the Canadian criminal code.
Alternatives to Deemed Rehabilitation
If you don’t qualify for deemed rehabilitation, consider these options:
- Temporary Resident Permit: This permit allows entry to Canada for a specific time, ideal for those who need to travel but don’t meet the criteria for deemed rehabilitation.
- Criminal Rehabilitation: This more permanent solution removes the inadmissibility from your record, allowing future travel to Canada without the hurdles of past convictions.
Seek Leek Advice
Suppose you are a US citizen with a DUI or other criminal conviction and need to travel to Canada. In that case, you should seek the advice of an experienced Canadian Immigration Lawyer before your travels. Depending on your convictions, they can advise you on your admissibility and assist with entry. The lawyers at Richards and Jurusik have decades of experience helping U.S. citizens enter Canada and can advise you according to your specific needs.
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We Can Help!
You may have questions regarding entry to Canada with a DUI or criminal conviction. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.