ETA Help! Found inadmissible to Canada 36(2)(b) of the IRPA

[hopetroop1]

Hi there, I need some help regarding the email I got today. This was my attempt to getting the ETA

Thank you for your interest in visiting Canada. After careful review of your Electronic Travel
Authorization (eTA) application, I have determined that your application does not meet the
requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and
Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You are found inadmissible to Canada under paragraph 36(2)(b) of the IRPA: having
been convicted outside Canada of an offence that, if committed in Canada, would constitute an
indictable offence under an Act of Parliament, or of two offences not arising out of a single
occurrence that, if committed in Canada, would constitute offences under an Act of Parliament.
You are welcome to reapply if you feel that you can respond to these concerns and can
demonstrate that your situation meets the requirements. All new applications must be
accompanied by a new processing fee.

In 2017 I was arrested and charged with Making a False Police Report and Breaking a restraining order in the United States. Those two charges were dismissed by the DA and i was given one charge for CyberStalking. All 3 charges are misdemeanors. I left the county in a voluntary deportation. and today I got this email. And I have no idea how to respond back to this or fight it back. I just want to go to visit Canada who I have a friend over there and come back to Mexico. How do I go about this? I'm reading some places that I can't fight this since it's not been 5 years since the crime was committed. So am I just out of luck? Thank you. Ill be near my computer answering any questions you might have.

 

[scylla]

Hi there, I need some help regarding the email I got today. This was my attempt to getting the ETA

Thank you for your interest in visiting Canada. After careful review of your Electronic Travel
Authorization (eTA) application, I have determined that your application does not meet the
requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and
Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds:
• You are found inadmissible to Canada under paragraph 36(2)(b) of the IRPA: having
been convicted outside Canada of an offence that, if committed in Canada, would constitute an
indictable offence under an Act of Parliament, or of two offences not arising out of a single
occurrence that, if committed in Canada, would constitute offences under an Act of Parliament.
You are welcome to reapply if you feel that you can respond to these concerns and can
demonstrate that your situation meets the requirements. All new applications must be
accompanied by a new processing fee.

In 2017 I was arrested and charged with Making a False Police Report and Breaking a restraining order in the United States. Those two charges were dismissed by the DA and i was given one charge for CyberStalking. All 3 charges are misdemeanors. I left the county in a voluntary deportation. and today I got this email. And I have no idea how to respond back to this or fight it back. I just want to go to visit Canada who I have a friend over there and come back to Mexico. How do I go about this? I'm reading some places that I can't fight this since it's not been 5 years since the crime was committed. So am I just out of luck? Thank you. Ill be near my computer answering any questions you might have.

Correct - you likely can't do anything about this right now and unfortunately Canada likely won't be an option for you for several more years. You'll need to wait until five years have passed from the time your completed all penalties / paid all fines related to your charges. Once five years have passed, you will be able to apply for rehabilitation. Once rehabilitation is approved, you will be able to apply for an eTA again. If you want to be 100% sure that your charges make you inadmissible, you should hire an immigration lawyer from Canada to assess your charges and provide you with a definitive response.

 

[Buletruck]

Note that the charges may be misdemeanours in the US, but it’s how the charges would be applied in Canada.