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Out of status in US come to Canada?

scylla

VIP Member
Jun 8, 2010
96,857
22,844
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Keep in mind if he is refused entry by CBSA at the POE, he will most likely be sent back to Korea by CBP given his current status.
100%. If he tries to enter Canada, he will almost certainly be refused due to the DUI. CBSA will then turn him over to CBP who will almost certainly detain him and put him in deportation proceedings. If he is in fact inadmissible to Canada, I would stay very far away from the border since he could end up being detained by the U.S. for months before he's finally deported. If he is in fact inadmissible, next steps would be to try for the TRP - but to also come up with a back up plan (i.e. moving back to South Korea) since the chances of the TRP being approved are low.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
If I found our all the details to his DUI, worse case could he request special permission to enter Canada and then apply for TRP if they allow him?

"
Coming to or remaining in Canada without approval of rehabilitation
If you need to come to Canada but cannot apply for rehabilitation because five (5) years have not passed since the end of the sentence imposed or you are not eligible to apply for a record suspension (formerly a pardon) for convictions in Canada, you may request special permission to enter or remain in Canada. To do this, complete the Application for Criminal Rehabilitation (IMM 1444) (PDF, 1.18MB) and make sure you check the box that states “For Information Only”. Attach the documents outlined in the Document Checklist."

^ just found this info off of canada.ca
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/permits/eligibility-assessment.html

Who is eligible for a temporary resident permit (TRP)
A TRP can be issued to a foreign national who, in the opinion of an officer, is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) [A24(1)].

The TRP is always issued at the discretion of the delegated authority and may be cancelled at any time. The delegated authority will determine whether

  • the need for the foreign national to enter or remain in Canada is compelling; and
  • the need for the foreign national’s presence in Canada outweighs any risk to Canadians or Canadian society.
Note the bits that I have placed in BOLD. Your "bf" doesn't have a "compelling need" to go to Canada and, as a drunk driver, may well pose an ongoing risk to Canadians.
 
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