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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99949
Experience:  Lawyer
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I have a 2.5 year old careless driving conviction in the US.

Customer Question

I have a 2.5 year old careless driving conviction in the US. I had traveled to Canada previously with this on my record, but when I applied for a NEXUS pass last year, CBSA flagged my passport for no entry. Now I need to go to Canada to one of my employers Canadian locations to toubleshoot a piece of Forestry equipment. What can I do to get into canada?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: British Columbia
JA: Have you talked to a lawyer yet?
Customer: Nope
JA: Anything else you think the lawyer should know?
Customer: I have an 8 year old petty misdemeanor for fighting
Submitted: 12 months ago.
Category: Canada Law
Expert:  Debra replied 12 months ago.
I am sorry to hear of this difficult situation.When did you complete your sentencing?
Customer: replied 12 months ago.
July 2014
Expert:  Debra replied 12 months ago.
Did they say this is because of the careless driving charge or was this because of the misdemeanour from eight years ago?
Customer: replied 11 months ago.
the form letter I received said " You have been convicted of a criminal offence for which you have not received a pardon"
Expert:  Debra replied 11 months ago.

This is likely because of the misdemeanour which is an offence because careless driving is not a criminal offence in Canada.

Here is the law:

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

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:

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

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 11 months ago.
How long would this take - My need to get into Canada is immediate as this is for products that will be supplied to Canadian Utility companies and even though it is August, winter is approaching in the Territories. I am supposed to cross the boarder Tuesday, Aug 9th for meeting the same day.
Expert:  Debra replied 11 months ago.

You can try calling the closest visa office and see if you can get the TRP on an emergency basis.

If that doesn't work you can apply for one at the border but that is taking a chance of course.

Customer: replied 11 months ago.
No phone numbers in any links to visa offices - all correspondence must be emailed or mailed. When I send an email, I get a auto response that says"We have received your email to the Consulate General of Canada's Immigration Section in Los Angeles and will review it shortly. Please note: if the information requested is available on our websites ( or, or your application is still within standard processing times (", we will not provide a response to your message. "
Expert:  Debra replied 11 months ago.

They are just too busy to deal with any fairly or efficiently.

I think your only choice is to take a chance at the border unfortunately.

The TRP costs $200 so be prepared to pay that if they agree to give it to you.

Expert:  Debra replied 11 months ago.

Is there anything more that I can help you with at this point in time?

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