I'm Canadian and my new husband is American. He needs a waver to get back into Canada from the US. The situation: He has misdemeanors in Detroit from 23+ yrs ago and Customs won't let him across into Canada. We were married before in the U.S. and had a child there, who was later naturalized as Canadian citizen when he was 1 yr. old when we divoprced; we re-married in Canada 4 days ago. He does not as of yet have a Canadian visa or green card or permanent residency, just has an enhanced ID card to go back and forth from US to Canada. The question is how does he go about getting a waver? Does it cost money and how much, where to go to do this, etc. *Note: his application for immigrating is in the beginning stages of process
Country relating to Question: Canada
State (if USA): Michigan
he tried going to the canadian consulate office --was closed with sign on door saying closed to the public,go to www.detroit.cc.ca
Also trying this website.
Hello:Your husband's admission into the country would possibly not be permitted until you receive confirmation of rehabilitation from a prior criminal offence by the Canadian government. You need to apply for a rehabilitation as a result of prior criminal record. If you do not do so, there is a chance the border agents will refuse your entry. They may not, but you cannot know for certain until at the border. It is in their discretion to refuse entry. You cannot get advance confirmation of whether you will be allowed entry or not without a rehabilitation. There are two ways to apply for the rehabilitation.Your admission into the country would possibly not be permitted until you receive confirmation of rehabilitation from a prior criminal offence by the Canadian government. You need to apply for a rehabilitation as a result of prior criminal record. If you do not do so, there is a chance the border agents will refuse your entry. They may not, but you cannot know for certain until at the border. It is in their discretion to refuse entry. You cannot get advance confirmation of whether you will be allowed entry or not without a rehabilitation. There are two ways to apply for the rehabilitation.For certain charges, you have to wait ten years after any sentence has been completed. Your husband is well past that point. Once you are past the waiting period, you can then apply at the border for a deemed rehabilitation. You would need to take with you documents to confirm your conviction and sentence and a copy of a criminal record. The government will not guarantee that you will be granted a deemed rehabilitation though. This still remains in the discretion off the border official, although it would be rare that admission would be refused for minor offences occurring long ago.The other option is to apply to the Canadian government ahead of time for an individual rehabilitation. This basically involves sending them similar information and paying an application fee. This is still not possible until the wait period has elapsed.Here is a link to the specific federal government website that explains the process for each kind of application:www.cic.gc.ca/english/information/applications/rehabil.aspxUnfortunately, there is no guaranteed way that you will be able to enter the country without these documents. Please review the above, and if you have another specific question for me I will try to answer it.
with over 15 years experience.
He already got pardoned for these prior offenses so this advice really does help any, but thanks for trying.
Hello,Actually the pardon is irrelevant unless the convictions were expunged (only few States still offer expungement). The conviction would still appear on his record and he would need the rehabilitation order in hand to submit with your application, so Law.Hut is correct.Now the good news is that, if he has more than ten (10) years since the last sentance was completed (not given, but fully completed) then rehabilitation is ostensibly "deemed" so it ends up being more a function of just getting the paperwork done so you can submit with the application. There are also a very small number of cross-border immigration lawyers (that practice on both sides of the border) that may be able to help get the order right at Detroit (assuming he's trying to cross over the bridge or through the tunnel at Detroit/Windsor), otherwise the Peace Bridge in Buffalo. We're unforunately not permitted to recommend them by name on this service but you'll definitely find them if you search and they have had success in sorting these situations out pretty quickly by working with the officials at the crossing directly.Regards XXX XXXX wishes.