Inadmissible

[SamHom]

I have never seen anyone refused for a singe speeding ticket or parking ticket, but if you have many and have outstanding fines you can be refused entry. Especially if you have many speeding tickets that could be considered dangerous driving in Canada. Remember the CBSA are not lawyers, they have no formal training in Canadian Law or law from the hundreds of other nationalities they see on a regular basis. In Fact if you are from a country other than the USA, CBSA have no idea what your record is. Thousands of people with DUI's are allowed into the country every year, but they are from places like Japan, France, or New Zealand and the CBSA have no idea if they have a minor record from years ago. This would only become visible if they applied for Visa and have to supply a record check. I certainly understand why Americans get angry about this, not only is it over-zealous, it's unfair and lop-sided.
It should be noted that even if you apply for 'rehabilitation' or prove your record is not enough to be inadmissible, it will appear on CBSA's records for the rest of your life, and they will most likely pull you aside each time you enter Canada to discuss it.

Interesting. I guess that at least somewhat makes sense, that if someone does it over and over again and won't pay, that would be a problem.

What about a ticket for driving without seatbelt? I have one. Payed it just like a speeding ticket. No issues. If my country would have decided to display something as basic as that on the clearance, would that have been likely to cause any trouble?

 

[SenoritaBella]

My guess is, probably not since you are putting just yourself at risk.

Interesting. I guess that at least somewhat makes sense, that if someone does it over and over again and won't pay, that would be a problem.

What about a ticket for driving without seatbelt? I have one. Payed it just like a speeding ticket. No issues. If my country would have decided to display something as basic as that on the clearance, would that have been likely to cause any trouble?

 

[SenoritaBella]

You may want to go to the Federal Court website and also CanLii database and search for cases similar to yours and what the outcome was. Also, these lawyers you contacted, was it in person or through phone for free?

If you can afford it, go for a paid consultation and take necessary documents to the appointment. It's an important matter which determines whether you will get PR now or start over 5 yrs later. When a lawyer knows they are being compensated for their time, they are likely to pull all stops to make inquiries, etc. It is not likely an immigration officer will change his/her stance on inadmissibility issues without evidence that he/she made an error.

So I contacted several attorneys today and was told that from what they have read about my case, it can be technical,my case was way back in 1999 (16yrs) where I was found guilty of driving with a suspended license, so technically that is what I am charged for, driving without a license. The lawyer told me that I can pay the outstanding fees and hopefully the I.O.will change his/her stance on my application and grant me my P.R. I also did some research on other cases similar to mines and found out that several applicants had a criminal past and got there P.R. I was also told that if I pay the fees now then my inadmissible charged clock starts ticking and the I.O. can ban me for five years,hoping that this does not happen.

 

[mpottier]

Interesting. I guess that at least somewhat makes sense, that if someone does it over and over again and won't pay, that would be a problem.

What about a ticket for driving without seatbelt? I have one. Payed it just like a speeding ticket. No issues. If my country would have decided to display something as basic as that on the clearance, would that have been likely to cause any trouble?

Generally an infraction such as not wearing a seat belt will not prevent you from entering Canada. Also CBSA would not even know about it unless it shows up on your record for some reason. This is key, if it shows up on your record (FBI, State etc.). CBSA can see it and in most cases they play it safe and just refuse, especially if it has been less than 5 years. Hopefully this changes with the new government in Canada, but only time will tell.

 

[Ponga]

Generally an infraction such as not wearing a seat belt will not prevent you from entering Canada. Also CBSA would not even know about it unless it shows up on your record for some reason. This is key, if it shows up on your record (FBI, State etc.). CBSA can see it and in most cases they play it safe and just refuse, especially if it has been less than 5 years. Hopefully this changes with the new government in Canada, but only time will tell.

There is no way that this would deem a person inadmissible to Canada, because it would NOT translate to a criminal offense in Canada. It would be a motor vehicle infraction, at best. There's also no way that it would show up on an FBI Identity History Summary Report, unless it were part of other events, such as a DUI, or related accident, where criminal charges were laid, at which time...the seat belt `violation' would be the least of your worries!

Geez! People have enough to worry about!

 

[gehtrew]

There is no way that this would deem a person inadmissible to Canada, because it would NOT translate to a criminal offense in Canada. It would be a motor vehicle infraction, at best. There's also no way that it would show up on an FBI Identity History Summary Report, unless it were part of other events, such as a DUI, or related accident, where criminal charges were laid, at which time...the seat belt `violation' would be the least of your worries!

Geez! People have enough to worry about!
[/quote
I have never been arrested for drunk driving(DUI) guns,drugs,or any criminal activity,and I am now penalized for driving in the U.S.A.without a license.This is part of the letter which I received from Immigration Canada.
You have been convicted in United States of America on 12 October 1999 of an offence, namely
charged with operation after suspension or revocation. If committed in Canada, this offence
would be punishable under article 259(4) of the Criminal Code of Canada is guilty of an
indictable offence and liable to imprisonment for a term not exceeding five years.

You are currently inadmissible to Canada and you are not eligible for rehabilitation at this time
since your fine on your offence dated 12 October 1999 was never paid and therefore sentencing
is still not completed to date. Why would the I.O. mentioned that I am convicted when this offense in the U.S.A. is a misdemeanor and I was never given a sentence all I had to do was pay the fine that was imposed which I am currently doing.

 

[SenoritaBella]

Ofcourse, you were convicted and it's the reason you were given a fine. The fine is your sentence - this is how CIC views it.

 

[gehtrew]

Ofcourse, you were convicted and it's the reason you were given a fine. The fine is your sentence - this is how CIC views it.

Ok I got that,if I am able to have the case dismissed what are my chances then?

 

[Dragana]

Hi take look here , hope you will get some answers

Good luck


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