Entering Canda after Voluntary Departure from USA

[schizzo_fg]

How do I know if I can enter Canada to visit, work or live there? Is it just up to the CBSA officers' discretion at a POE?

Facts:
* Italian citizen, currently in the US
* Ordered to leave US by July 15th because of student VISA violation (fell out of status and stayed - no convictions)
* 2 misdemeanors arrests in the US (domestic violence, both dismissed - wife repented afterwards, didn't show-up in court)
* Not being deported, was granted Voluntary Departure
* 15 years continuos US work experience

Questions:
1) Am I automatically inadmissible to enter Canada?
2) If not, is it up to CBSA officers' discretion to allow entry?
3) If so, what are some tips to enhance my chances of entering Canada?

 

[zardoz]

How do I know if I can enter Canada to visit, work or live there? Is it just up to the CBSA officers' discretion at a POE?

Facts:
* Italian citizen, currently in the US
* Ordered to leave US by July 15th because of student VISA violation (fell out of status and stayed - no convictions)
* 2 misdemeanors arrests in the US (domestic violence, both dismissed - wife repented afterwards, didn't show-up in court)
* Not being deported, was granted Voluntary Departure
* 15 years continuos US work experience

Questions:
1) Am I automatically inadmissible to enter Canada?
2) If not, is it up to CBSA officers' discretion to allow entry?
3) If so, what are some tips to enhance my chances of entering Canada?

1) No.
2) Yes. You should not attempt to hide your USA status if questioned. They can see your information.
3) Prove that you can and will leave at the end of your visit. IF, and it's a big IF, they let you enter, it will only be as a visitor with no right to work or study (< 6 months study is permitted).

 

[schizzo_fg]

I'm visiting a friend and will show a return ticket to Italy 3 weeks later to the CBSA officer. I don't have to fill-out any forms to go to Canada (being Italian), I know that. I'll just show-up with my passport. I will only talk about it, if they ask me about it.

According to what you're saying, they will ask me about it, because it will show on the background check

Do you know if a Voluntary Departure is actually recorded on a back ground check? Or does CIC have access to all immigration records in the us, not just a background check?

 

[zardoz]

I'm visiting a friend and will show a return ticket to Italy 3 weeks later to the CBSA officer. I don't have to fill-out any forms to go to Canada (being Italian), I know that. I'll just show-up with my passport. I will only talk about it, if they ask me about it.

According to what you're saying, they will ask me about it, because it will show on the background check

Do you know if a Voluntary Departure is actually recorded on a back ground check? Or does CIC have access to all immigration records in the us, not just a background check?

I don't know just how much information they have immediate access to, but they certainly have close cooperation with each other. I have no doubt that if they went looking, they could certainly find out.

 

[amrelec]

I entered USA in 1999 as a tourist and after about 6 months (staying legally) I Applied for a student visa to catch the ESL placement test in Quebec University but it was refused. The officer told me "I will not issue you the visa as you will do the same thing your were doing in USA". Probably she meant work. however, I didn't argue with her. Then I went back home before my visitor visa expires (2000).

In 2003 I visited USA again but this time at the border I had a long inspection about my first visit. Then, I was given only 10 days to stay. I tried to get into a University but couldn't because of the TOEFL. One day I was driving and didn't signal for changing lanes and I was having an International driving license but unfortunately it was printed with my younger brother's name. then Police came and gave me a ticket and inspected me then he found this faulty driver license. he put me in custody then I had been to the court for not having a valid driver license and paid the fine. after few days the Immigration came and arrested me and put me in their custody for removal proceedings. they harassed me by bad words all the time and took me to FBI to harass me again and they used to come to me in the jail and threaten me. At this time, I overstayed for one year and 3 months (2004). I found out that I got a Voluntary departure without knowing this. Then I paid a bond of $10,000 and paid for my ticket to go back home.

Now I and my wife want to apply for a visitor visa to Canada to visit her uncle.

1) For what limit should I mention about (refused student visa in 2000) and (voluntary departure in 2004) in the visitor Application form ?

2) Or any other forms for immigration, ?

3)This happened more than 10 years ago, Is it cleared from my records ? How can I know about this ?

Any assistance here?

I appreciate your help and God will also help you even if you just give an opinion or advice.
Thanks