traffic violation----criminal inadmissibility???

[brttnywtlngtn]

in 2013 i was in an accident, just rear-ended someone, no one was hurt, and was hit with a careless driving ticket. i went to court, paid my fine, had to take an 8 hour class and was on unsupervised probation for a year.

my question is: does that careless driving conviction make me criminally inadmissible? it's only a traffic violation in my home state of Colorado. it isn't considered criminal.

please help. my wife and i are driving back to canada in a week and i'd hate to find out i can't go in because of this charge.

notes: i've been to canada mulitple times: 4 to be exact. and i haven't had any problems at all. but i assume since i'll have my belongings with me at the border, there will be more digging that happens on cbsa's part. i'm prepared to be fully cooperative, as i just want to finally be with my wife for good.

 

[Aquakitty]

What kind of belongings? If you don't have your PR yet you could have some problems there.

 

[bootstrap]

If it is not considered a criminal offense as you stated in your home state, I do not see how CIC would consider you as criminally inadmissible.

Follow this link as a guideline.

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

 

[profiler]

in 2013 i was in an accident, just rear-ended someone, no one was hurt, and was hit with a careless driving ticket. i went to court, paid my fine, had to take an 8 hour class and was on unsupervised probation for a year.

my question is: does that careless driving conviction make me criminally inadmissible? it's only a traffic violation in my home state of Colorado. it isn't considered criminal.

please help. my wife and i are driving back to canada in a week and i'd hate to find out i can't go in because of this charge.

notes: i've been to canada mulitple times: 4 to be exact. and i haven't had any problems at all. but i assume since i'll have my belongings with me at the border, there will be more digging that happens on cbsa's part. i'm prepared to be fully cooperative, as i just want to finally be with my wife for good.

Careless is a traffic offence here, but managed by the provinces I believe. That said, just be truthful if asked, because they can see american citizen data. They will probably have less of a problem with the careless than they would with the clear dual intent. You should verse yourself in this, and bring proof to show strong ties to the US.

 

[profiler]

If it is not considered a criminal offense as you stated in your home state, I do not see how CIC would consider you as criminally inadmissible.

Follow this link as a guideline.

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

It's more about if it's an offience in Canadian law. They will get the details of the offence and try to find a law that was broken.

 

[Britcan]

Question about traffic violation and rehabilitation:

Offence: Reckless driving Oct 2011. Sentence: $1500 fine, plus 6 month licence suspension. Technically, I understand that it is a crime in Canada, too, the 5 year period would end April 2017, and he would be able to apply for criminal rehabilitation with the PR application.

However, to date, the fine has NOT been paid. Does that mean the 5 year period won't begin until the fine is paid, or is it from the date issued?

 

[scylla]

5 years won't begin until the fine has been paid (that's assuming this traffic violation makes you inadmissible).

 

[Britcan]

5 years won't begin until the fine has been paid (that's assuming this traffic violation makes you inadmissible).

i'm pretty sure it is a criminal charge in Canadian law. Do you think a visa officer would have any discretion in the criminal rehab decision, (especially if a rehab application is submitted with a spousal PR application once the fine is paid)? I'm wondering if a lawyer would be of any help - it's so close to the end of the 5-year period of the offence!

 

[profiler]

5 years won't begin until the fine has been paid (that's assuming this traffic violation makes you inadmissible).

From the Criminal Code: http://laws-lois.justice.gc.ca/eng/acts/c-46/section-249.html
"
Dangerous operation of motor vehicles, vessels and aircraft

249 (1) Every one commits an offence who operates

(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;

(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;

(c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or

(d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.

Punishment

(2) Every one who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.
"

@Britcan: Considering it could be punishable by 5 years in prison, you should go straight to ARC. If you want a lawyer to represent you, that's an option, but you can apply to ARC yourself as well.

 

[scylla]

@Britcan: Considering it could be punishable by 5 years in prison, you should go straight to ARC. If you want a lawyer to represent you, that's an option, but you can apply to ARC yourself as well.

ARC doesn't apply. ARCs are for people who have been deported or have an exclusion order.

Britcan needs to apply for rehabilitation.

 

[profiler]

ARC doesn't apply. ARCs are for people who have been deported or have an exclusion order.

Britcan needs to apply for rehabilitation.

I thought that was the same process. I've never go e through it, so I don't know personally. Good to know, thanks!

 

[Bcboundboy]

ARC doesn't apply. ARCs are for people who have been deported or have an exclusion order.

Britcan needs to apply for rehabilitation.

Needs to, but can't. They said the fine hasn't been paid yet even though the offence was in 2011. As you say, the 5 years doesn't start until the sentence is completed, which means the earliest they'd be eligible to apply for rehabilitation is 2022...

 

[Britcan]

Needs to, but can't. They said the fine hasn't been paid yet even though the offence was in 2011. As you say, the 5 years doesn't start until the sentence is completed, which means the earliest they'd be eligible to apply for rehabilitation is 2022...

That's why i was wondering if the visa officers have any discretion in the rehabilitation decision, or if a lawyer could help push it through, as the actual offence and end of the suspension period was almost 5 years ago. 10 years is a long time to be excluded!

 

[Bcboundboy]

That's why i was wondering if the visa officers have any discretion in the rehabilitation decision, or if a lawyer could help push it through, as the actual offence and end of the suspension period was almost 5 years ago. 10 years is a long time to be excluded!

No, because you haven't finished your sentence yet. You're only eligible to apply for rehabilitation 5 years after the completion of the sentence. So you're only excluded by Canada for 5 years, you've excluded yourself for the next five by not paying the fine when it was imposed.

 

[Bcboundboy]

Sorry, I just went through your post history - this is regarding your future son in law, not you? They have no prospect, I'm afraid, of living together in Canada in the near future, for the reasons above (if he's criminally ineligible, he isn't able to apply until 5 years after he's paid the fine), nor is he legally able to enter Canada even as a visitor (and I hope he's never lied on an eTA app, or to a CBSA officer asking if he's ever been arrested, because that would introduce a whole new level of complications). I don't know anything about what the rules are for Australia, but if he and your daughter want to live together, it's going to have to be there, or a third country which will take them both.