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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Hi Debra,Im a US citizen who was found to be criminally

Customer Question

Hi Debra,

I'm a US citizen who was found to be criminally inadmissible after landing in Vancouver back in 2010. After doing some research I seem to qualify to apply for Criminal Rehabilitation.

A little history is as follows: I was arrested in 2003 convicted of Petit Larceny 155.25 a Class A Misdemeanor in Oct.2004;sentenced to 3 years probation in 2005 and was given early discharge in May 2007.

Can I be Deemed Rehabilitated since my arrest was in 2003 or does the 10 year requirement begin after my probation ended in 2007?

Also,will Canada accept the required FBI Criminal History Summary from an FBI-Approved Channeler? Here is the FBI page link http://www.fbi.gov/about-us/cjis/criminal-history-summary-checks/fbi-approved-channelers
The official websites are a bit unclear in how to submit as well stating that the VAC in NY will accept my application being a US citizen but then another section states that I must mail it in to the Consulate in NY which takes considerably longer to process.

I have no other arrests or criminal records in other states or countries and I used to travel to Canada frequently and would like to be able to see friends again. I just want clearance.

Any answers regarding FBI-approved channelers and me being deemed rehabilitated would be greatly appreciated.

Thank you in advance.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Because of your criminal record at first you were considered to be inadmissible to Canada on the basis of criminality as you know.

But, after 5 years has passed since your sentence as been completed it is sometimes possible to be deemed to have been rehabilitated when you reach the border. However, there's no guarantee as it's up to the discretion of the immigration office.

If you don't want to take a chance at the border the most prudent thing to do is to apply for individual rehabilitation. If this application is successful you will no longer have to be concerned about being turned away at the border.

But, it takes over a year to get this processed.

So, if you want to come up before then it's sometimes possible to get what is called a Temporary Resident Permit (TRP). This is sometimes granted in cases like yours.

Here is a link to the information about the TRP application:

http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

Here is the link to the webpage that explains how rehabilitation works:

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

The information on this page, and then the various links, explains exactly what you will need to provide in terms of fingerprints and your record check.

It would likely be best, XXXXX XXXXX for you to retain an immigration lawyer to assist you with the application.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

Let me know if you need any further clarification.
Customer: replied 1 year ago.

Hi and thank you for the fast reply. I will look into the TRP.


However, do you know about the FBI-approved Channelers? Part of the application requires an FBI report in which I get my fingerprints on a card and submit them to the FBI.In 16-18 weeks I get back a report stating I have no record with the FBI or I get a Rap-sheet. The FBI has an approved list of companies that do the fingerprinting and submit to the FBI for me getting the report back within 36 hours instead of 16-18 weeks. Does Canadian Immigration recognize and accept this method to your knowledge? I haven't been able to get an answer on that. Not even from the approved companies.

Expert:  Legal Ease replied 1 year ago.
No I don't believe you can do that in this way.

You have to go through the regular FBI channels as far as I know.
Customer: replied 1 year ago.
Relist: Answer quality.
My question regarding Canada recognizing FBI-approved Channelers for fingerprinting and acquiring documentation was never answered.I was simply sent links to a website that I had already viewed several times. And why is a lawyer giving me contact info for other lawyers to see if they can help me? I do not feel that my question was answered. I was told to contact a Canadian lawyer for an answer. Does anyone know?
Expert:  Legal Ease replied 1 year ago.
All of the Canada law experts have not seen your question and none are going to answer you even though you re-listed so instead of watching you wait endlessly I decided to write back again.

The reason no one is answering is that you rated me negatively rather than just relisting. That means you've harmed my stats. No one wants to take over once a customer does that. Also,because my answers came immediately and were full and correct. no one has anything to add. Had any expert disagreed he would have answered.

I did answer. I told you that you had to follow the method set out by the Canada Immigration website.

Also, you may have read the site several times but clearly did not understand it. From the start you asked about being deemed rehabilitated and you did not fully understand how that worked. As well, you clearly did not know about the Temporary Resident Permit.

The TRP is the only short -cut you can try and it's a temporary one.

You will need to wait for the regular FBI clearance process.

Please consider simply rating me as providing you with OK service. That's not positive but as it's not negative my stats will not be harmed.

I hope that clarifies things more.

Third
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87333
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

I am appalled at your tone in responding. The TRP is for extenuating circumstances like attending a conference for work or a funeral not simply because I want to visit friends and it's only valid for that single travel period.


If you looked at the website you would see that it contains a link to the FBI website which offers FBI approved channelers but neither site states if Canada recognizes this fairly new process. That's why I was told by a US VAC worker to contact a lawyer in Canada. As an "expert" in Canadian law I would think that you would be current on these changes. Instead you are only concerned with your rating. If providing general legal information means simply supplying a link to a website that I already googled and read then it was my mistake in using this service since I find it completely useless.


Thank you for your time and as you see I rated you OK so I can close this question.

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