RE: [Paddlewise] Candian entry .....

From: Richard Culpeper <culpeper_at_tbaytel.net>
Date: Fri, 18 Jul 2008 12:24:33 -0400
So there you are, Arlo, sitting on the Group W bench.  "Son, have you
rehabilitated yourself?"

Convictions for what would be minor offences in Canada will not prevent
entry into Canada, but convictions for what could be serious offences will
prevent entry into Canada, unless a person is rehabilitated.

What's minor and what is major?  Americans work along the lines of
misdemeanors and felonies, whereas Canadians work along the lines of summary
offences and indictable offences.  Many offences in Canada can be prosecuted
as either summary or indictable offences, depending on the discretion of the
prosecutor - we call these hybrid offences.  Many of the offences dealing
with drinking and driving are hybrid offences, meaning that the prosecutor
can decide whether to treat them as minor or serious offences.

When an American is convicted of DUI/DWI, even if it is only a misdemeanor,
the Canadian Immigration folks will consider how the same matter would be
treated under Canadian law.  Since under Canadian law the matter would be a
hybrid offence, then even although it probably would only result in a
summary offence fine, it is possible for the matter to have been an
indictable offence, and if it is possible for the matter to have been an
indictable offence, then the person is denied entry unless rehabilitated.
That's how a minor ticket for DUI/DWI can stop an American at the border.

How can an American rehabilitate him/herself?  First, vote Democrat.
Second, have a clean record for the last five years.  Third, if you are
feeling lucky, turn up at the border and have a chat with the immigration
officer, who if he or she thinks that you are a decent enough person, can
deem you to have been rehabilitated.  Yes, there is a fee for this process.

A better approach is to prepare before you cross the border.  This involves
having a clean record for the last five years, producing the court documents
concerning your charge, conviction, sentencing, and release/parole, and
paying a processing fee.  Note that the processing time is usually several
months, and sometimes up to a year.  So wet the nib of your pen, use the
back of the father raper on the bench in front of you to as a writing
platform, and get filling out your rehabilitation forms: 

.	Guide [IMM 5312]
http://www.cic.gc.ca/english/pdf/kits/guides/5312E.PDF

.	Application for Criminal Rehabilitation [IMM 1444]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1444E.PDF

.	Fees for Immigration Services, Approval of Rehabilitation [IMM 5310]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5310B.PDF

.	Document Checklist [IMM 5507]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5507E.PDF

.	Use of a Representative [IMM 5476]
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5476E.PDF

Finally, and in all seriousness, never, ever, under any circumstances, lie
or misconstrue the facts to an immigration officer.  If you do, your goose
is cooked as far as trying to get rehabilitated goes, and you could end up
in very hot water without a PFD.  Just play it straight down the line.
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Received on Fri Jul 18 2008 - 09:24:55 PDT

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