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Temporary Resident Permit

descoba

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Dec 12, 2016
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I am trying to travel to Canada, July 2017. I recently was convicted of a DUI in the United States. In the US for a DUI, you typically will be on probation for 12 months which would also be during my planned trip to Canada. Does anyone believe I will be eligible to receive a Temporary Resident Permit, and if so, how long should it take during the application process? The reason for my trip would be to bring students to Canada for French studies.

Best.
 

AtHomeInMontreal

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descoba,

You may want to look at the following page, which lists the reasons that result in inadmissibility to Canada.

http://www.cic.gc.ca/ENGLISH/information/inadmissibility/index.asp

The key phase is: "you have been convicted of a crime, or you have committed an act outside Canada that would be a crime"

My understanding is that a DUI conviction would make you inadmissible; however, there is a sub-page regarding this situation that you may want to explore at:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=143&top=8

Which states: If you have been convicted of driving while impaired by alcohol or drugs, you will probably be found criminally inadmissible to Canada. But as of March 1, 2012, you may be able to get a temporary resident permit for one visit without paying the C$200 processing fee.

There are some requirements there as well. For example, a TRP won't be available to you if your conviction resulted/results in any time in jail (it is unclear from your message if yours did, or if you have been sentenced yet).
 

scylla

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descoba said:
I am trying to travel to Canada, July 2017. I recently was convicted of a DUI in the United States. In the US for a DUI, you typically will be on probation for 12 months which would also be during my planned trip to Canada. Does anyone believe I will be eligible to receive a Temporary Resident Permit, and if so, how long should it take during the application process? The reason for my trip would be to bring students to Canada for French studies.

Best.
As you're probably aware, your currently inadmissible to Canada. Once five years have passed since the completion of your probation (i.e. sometime in around 2023), you will qualify to apply for rehabilitation. Once the rehabilitation application is approved, you'll be able to enter Canada as a tourist just like you did previously.

Whether a TRP is approved or not while you are still inadmissible is impossible for any of us to say. If you search through this forum, you'll find some people who have had luck applying direction at the border. But again, unfortunately impossible for any of us to comment on the chances of success.

Good luck.
 
Jan 23, 2017
1
0
AtHomeInMontreal said:
If you have been convicted of driving while impaired by alcohol or drugs, you will probably be found criminally inadmissible to Canada. But as of March 1, 2012, you may be able to get a temporary resident permit for one visit without paying the C$200 processing fee.
I'd be interested to hear some thoughts on my situation. Here's the scenario (apologies in advance for the length).

I was arrested in February 2006 and charged with driving under the influence. I pled guilty to driving while ability impaired (a lesser charge in Colorado) in November 2006, and completed my probation in November 2007.

In June 2006, I was arrested in Arizona and charged with felony possession of a narcotic (cocaine), felony possession of marijuana, and possession of drug paraphernalia (a pipe). I pled guilty to the misdemeanor charge of possession of drug paraphernalia. I did my community service and in June 2007, I had the charges dismissed and set aside.

In July 2008, I was returning from a trip to Europe and intended to stay in Montreal for 3 nights. My girlfriend and I were stopped at customs at the Montreal International Airport, and I was told that I was not allowed to enter the country. At first, the customs officer wanted me to get on a plane and return to Paris. Ultimately, he agreed that I could spend the night in Montreal and come back to the airport in the morning and catch the first flight home.

Since that time, I've contemplated applying for Criminal Rehabilitation IMM 1444 but had not pulled the trigger.

Now, for Christmas this year, my father decided he wanted to take his children (my brother and me) and our families (our wives and kids) to Quebec City. I'm now preparing the Criminal Rehabilitation application but my understanding is that it can sometimes take as long as 20 months. I think my application will be successful. I have not been arrested again since the incidents discussed above. I now have a successful job in my hometown. I graduated college and grad school. I am a father of two, go to church, volunteer, etc. Further, it has been more than 10 years since my convictions and almost 10 years since I completed my punishments. I did not do any jail time nor was jail time ever considered for the charges I was ultimately convicted of.

I understand the test if often 10 years since the applicant completed all charges. My question is whether the experts here think I'd be better off flying to a port of entry and applying for rehabilitation in person. Or if I should pursue a TRP.

Thoughts? Suggestions? Assuming I file the application in early February, what are the chances the Canada Immigration Office makes a decision on my application before July 2017? 0.1%?

Thanks in advance for any advice!