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Have You Been Denied Entry to Canada? We are here to Help!

Have you been denied entry to the Canada.? Or do you think you will have a Canadian inadmissibility problem?

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Denied Entry to Canada? Learn How a TRP Can Help!

Have You Been Refused Entry to Canada?

Have you tried to enter Canada and were refused? Or do you think you may be refused if you try to enter Canada? We know that it is a very stressful and disrupting experience.

You Have Options!

When it comes to being refused entry into Canada, it is important you deal with the situation properly. Whether you have a criminal record like a DUI or something even more serious, you may still be admitted into Canada as long as you have the ‘right’ paperwork in order.

You will most likely need to file a Temporary Resident Permit (TRP) application which is a ‘Form IMM 5708’. Form IMM 5708 is the official document issued by a Canadian visa office that is placed in your passport to indicate that you have met the requirements for admission to Canada as a temporary resident (either as a visitor, a student, or a worker).

Reasons Why You Can Be Denied Entry to Canada:

There are a number of reasons you can be found inadmissible or refused entry to Canada, such as:

  • Security
  • Human or international rights violations
  • Criminality (even DUIs and DWIs)
  • Organized criminality
  • Health grounds
  • Financial reasons
  • Misrepresentation (of any kind)
  • Non-compliance with IRPA

Even having an inadmissible family member can cause you to be denied.

Normally, if you are inadmissible to Canada, you will not be allowed to enter, unless you know how to prepare the ‘right’ paperwork. If you have a ‘reason’ to travel to Canada that is justified in the circumstances, you may be issued a temporary resident permit (TRP).

Top 4 Questions We Get About TRPs:

  • Can I Apply for a TRP at the Canadian Border?

  • If you are a U.S. citizen or a citizen from a visa exempt country, you could apply for your TRP at the Canada/U.S. Border. If you are approved, a ‘Temporary Resident Permit’ will be granted.

    However, there are some risks to consider when applying for a TRP at the border or airport. You could be refused and turned away at the border. In some very unusual cases, you could be detained by the Canadian Immigration authorities (this is rare).

  • Can I Apply for a TRP at a Canadian Embassy?

  • In most cases, TRPs are submitted to a Canadian consulate or Canadian embassy for processing. If you are a U.S. citizen, you can apply for a TRP at a Canadian consulate in the United States. However, the downside for applying at a Canadian consulate rather than the border is that processing times for TRP applications at the Canadian consulate sometimes can take a number of months.

  • How Long Are Temporary Resident Permits Valid For?

  • The duration of your TRP varies depending on the circumstances of your case. TRPs can be valid for a number of weeks, months or years, and they could be for a single entry to Canada or for multiple entries to Canada.

  • What If My Criminal Offence Took Place Years Ago?

  • In certain cases, if your conviction occurred 5 years ago or longer, you may be eligible to make an application for Criminal Rehabilitation to enter Canada. A ‘Criminal Rehabilitation’ application (if approved) will wipe out your criminal inadmissibility that prevents you from entering Canada. If you travel often to Canada, you may want to apply for this.

    Note: Unlike Temporary Resident Permits, an application for ‘criminal rehabilitation’ cannot be made at a Canada/U.S. border. You should make an application for criminal rehabilitation at a Canadian consulate or embassy.

Professional Help Can Increase Your Chances of an Approval

Even though you can submit your own TRP application, we do not recommend this. Canadian immigration regulations are strict when it comes to even minor criminal offensive and even for offences that have occurred many years ago.

TRP applications can have a higher risk of refusal in cases where the application is not properly prepared. The Canadian immigration standards are very high. We find this is the number one reason why people are denied entry is due to not enough knowledge of the ‘ins’ and ‘outs’ of TRP applications

You MUST have all the ‘T’s crossed and all the I’s dotted’, if you expect to cross the border with ease. The documentation and processes involved in successfully obtaining a TRP can be complex and usually require legal expertise.

It is always important to consult with a Canadian immigration lawyer regarding any possibility of refusal or denial of entry to Canada due to criminal offences. A qualified Canadian immigration lawyer can advise you on whether your criminal offence makes you inadmissible to Canada or not.

Why Hire Us to Help You with Your TRP Applications

Many of our clients are happy to relieve themselves of the headaches of preparing paperwork and having to deal with government red tape by outsourcing this work to our professional team of immigration experts.

It is our pleasure to see clients enter Canada stress-free without all the hassles of filing tons of complicated paperwork.

We have literally helped thousands of people to successfully attain a TRP so they can visit, work, or study in Canada and we are certain we can help you too!

The first step towards getting a TRP and avoiding being refused entry to Canada is to get an assessment of your specific situation. You can either fill our online immigration assessment form here and we will get back to you (within 24 hours) to discuss your eligibility and immigration options, or click the button at the top of the page to get started.

  • have a communicable disease
  • have a physical or mental disorder that makes you harmful to others
  • are a drug abuser
  • have been convicted of specific crimes
  • Were previously removed or deported from the U.S.
  • have violated immigration laws or committed immigration fraud

were you denied entry to the u.s. due to a criminal record?

One of the most common reasons that an individual is denied entry to the U.S. is due to “criminal inadmissibility”. This is a category that covers a lot of situations, but that does not mean that a person with a criminal past would be inadmissible.

Criminal inadmissibility includes if you have been convicted of:

  • multiple crimes
  • certain crimes like prostitution or drug trafficking
  • or have committed crimes of “moral turpitude”

what are “crimes of moral turpitude”?

According to the legal definition, crimes of moral turpitude relate to conduct that is inherently “base, vile, or depraved, contrary to social standards of morality and done with a reckless, malicious, or evil intent”. This somewhat archaic definition covers a large spectrum of offenses from common assault to drug offenses, but generally relates to the following crimes:

  • Controlled Substance Traffickers – Includes “assisted, abettor, conspirator, or collude”
  • Conviction of 2 or more offenses with a combined sentence of 5 or more years
  • Prostitution and Commercialized vice
  • Individuals involved in serious criminal activity who have asserted immunity from prosecution

crimes that are exempted

Not all criminal records result in being denied entry to the U.S. Crimes that are not considered a CMT include where the individual has committed only one crime of moral turpitude, and:

  • The crime was committed when the individual was under 18 years of age and the crime was committed more than five years before the date of application for a visa.
  • The crime did not exceed one year of imprisonment.
  • If the individual was convicted of the crime, but the individual was not sentenced to imprisonment for a term greater than six months.

exception to this consequence

There is a narrow exception to this rule. If the foreign national can show that ‘extraordinary circumstances’ exist, they may be allowed to apply for a visa at a Consulate in a third country, i.e., a country that is not their country of nationality. Any person wanting to take advantage of this exception must receive the consent of the third country Consulate before making an appointment and submitting a nonimmigrant visa application.

how are waivers decided?

There are 3 criteria for an application for a waiver of inadmissibility:

  • The risk of harm to society if the applicant is admitted
  • The seriousness of the applicant’s prior violation(s) of immigration or criminal law, if any
  • The nature of the applicant’s reasons for seeking entry.

How long are Waivers Valid for?

Waivers of inadmissibility are currently valid for a period of 0-5 years but could be issued for a lesser period at the discretion of the immigration officer. If the waiver is granted, the applicant can enter the U.S. despite his or her criminality and is required to display the waiver for each and every entry during the currency of the waiver.

how do i get a waiver?

The procedure for applying for a non-immigrant waiver involves:

  • Obtaining local court records of the offense in question.
  • Preparing a personal statement from the applicant concerning the circumstances surrounding the offense
  • Two application forms, an I-192, Application for Advance Permission to Enter as a Non-immigrant and a G-325A Biographic Information must also be completed
  • Supporting documentation includes information relating to ties to the applicants home country such as the applicant’s family in their home country, employment, and assets.

We also recommended that 3 character references be included. If you have been convicted of a narcotics offense, then you should undergo a drug test and provide a letter of clean record from a physician.

Once the application package is ready for submission, you will attend at a designated port of entry to fill out an application in person and pay the application fee. Fingerprints will be taken during this process.

Processing time for waivers ranges from 1 to 9 months and the results are mailed to the applicant. If the application is denied, the applicant has 30 calendar days to file an appeal to the Board of Immigration Appeals or the Administrative Appeals Unit.

Given the wide range of offenses caught by the criminal inadmissibility provisions, it is essential that your potential criminal history is investigated before entering the U.S. for business or pleasure.

why you need legal help with i-192 (waiver) applications

Whenever someone is denied entry at the border, the individual is not only unable to enter the U.S., but he or she faces an unexpected trip back home (not to mention feelings of humiliation and depression). However, in addition to exploring opportunities to waive inadmissibility, a legal expert can help ensure that an individual is not wrongfully denied entry in the first place. Not every crime on a person’s record makes him or her inadmissible. It is therefore important to carefully investigate your background to determine if, despite whether you have committed a crime, you may still be able to enter the U.S.

wwhy hire us to help you with your denied entry case?

For over 32 years, we have helped countless individuals who thought they had no hope in entering the States due to a refused entry with their cases. Our experience with immigration law has allowed us to help millions of individuals enter the U.S., who otherwise would have not had the opportunity.

The first step towards dealing with a denied entry to the U.S. is getting an assessment of your case. Fill out our immigration assessment form or contact us, and we will get back to you within 24 hours to discuss your eligibility and options.

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