Canada immigration lawyer focused on helping Americans apply for a Temporary Resident Permit so they can travel to Canada with a criminal record. We offer free comprehensive consultations (unlike many businesses who demand a retainer before assessing your options).
If a citizen of the United States has a misdemeanor or felony conviction in their past that is equivalent to a crime in Canada that might be serious, they can be considered "criminally inadmissible" according to Canadian law and denied entry at the border. Hundreds of criminal convictions can render an American inadmissible to Canada including DUI, reckless driving, assault, domestic violence, drug possession, theft, fraud, vandalism, and criminal mischief. Even an arrest that did not result in the person being convicted can still be an issue when going to Canada.
If a foreign national is inadmissible to Canada on grounds of criminality, it may be possible for him or her to obtain special permission to cross the border by applying for a Temporary Resident Permit (TRP). Requesting a TRP is a complex legal process that involves petitioning the Government of Canada that you are safe to let in and have an important reason for needing to visit. Many Americans hire a Canada TRP lawyer to help them through the process.
A Canadian TRP lawyer can maximize the odds of success for their client by ensuring the applicant makes the strongest case possible for why they are not a threat and need to be able to enter the country. In order for a Temporary Resident Permit to be issued, the benefit of an individual being allowed to cross the border must outweigh any potential risk they pose to Canadians. Consequently, a TRP lawyer should present a compelling narrative for why their client requires the ability to go to Canada, and must also provide evidence their client should be considered rehabilitated and will not re-offend or commit any other crimes again. Many TRP applications end up being 50+ pages long, so unless entering Canada with a DUI or criminal record is crucial many people just avoid the country instead.
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If is not possible to apply for a Temporary Resident Permit online, applications need to be mailed away or submitted directly through an Immigration Canada "authorized representative" such as a Canadian immigration attorney. When evaluating if you should hire an immigration lawyer to help you get into Canada with a DUI or other misdemeanor conviction or felony conviction, the first question many people wonder is how much will a Canada TRP lawyer cost? The answer will vary depending on the lawyer as well as the complexity of your situation.
The biggest factor affecting the cost of retaining a Canadian TRP attorney is the amount of work that will be involved in preparing your unique Temporary Resident Permit application. If a person has one misdemeanor DUI or DWI conviction, price quotes from TRP lawyers in Canada will generally be substantially lower than for a person with multiple felony convictions. Every single conviction needs to be addressed in detail, including those that happened a long time ago! Even criminal charges that did not result in a conviction need to be adequately handled when you apply for TRP access, so the more arrests a person has the more time it will take an attorney to prepare their application. If an American has an extensive criminal history, their TRP application could end up being more than one hundred pages long, and in such cases the cost of a TRP Canada lawyer will typically be expensive.
The amount of access to Canada a person desires can also play a role in how much hiring a Temporary Resident Permit lawyer will cost, as it can be more work to apply for a multiple-entry TRP than it is to apply for a single-entry TRP. If a US citizen is trying to get into Canada for one specific visit, such as to attend a business conference, go to a wedding, or board an Alaskan cruise in Vancouver, their Temporary Resident Permit Canada application will usually be less complicated then for an applicant interested in crossing the border on a regular basis. In cases where an American is requesting a Canada entry waiver for multiple entries, evidence of a recurring need to visit the nation should be included in the application. For example, if the TRP lawyer's client needs unlimited access to Canada for work purposes, the application should include a document supporting the client's reason for travel such as proof they have a customer north of the border who needs to be serviced regularly.
In general, the more educated a legal practitioner is, and the more experience they have, the more he or she will charge for the professional preparation of a TRP application. Even though more experienced lawyers frequently cost more, in many scenarios selecting a seasoned pro can be imperative. If a person's situation is particularly challenging, or they need to travel to Canada urgently and will be applying for a TRP at the border, for example, it can be extremely helpful if the professional assembling your paperwork has assisted others in similar situations. If a US citizen tries to apply for a TRP at the Canadian border but is not approved, they can end up getting denied entry. Consequently, engaging the right immigration lawyer to assist you can be vital. If can be tempting to hire the cheapest TRP lawyer you find online, or even to attempt getting a TRP on your own by following advice from strangers on Reddit or Facebook, but an experienced Canadian immigration lawyer with excellent reviews can be worth considering if your trip is paramount.
Canadian border security, who are responsible for determining who is granted entry and who is denied admittance, has access to the entire criminal history of every American who crosses into Canada thanks to information sharing agreements between the RCMP and FBI. Even an arrest record can be problematic at the US-Canada border, since border patrol officers are not forced to assume a visitor is innocent of the charge. Consequently, a person awaiting trial for driving while intoxicated should consult with a Temporary Resident Permit attorney before trying to enter Canada with a pending criminal charge even if a future dismissal is probable. In some cases, a Canadian attorney may be able to argue that their client should be considered admissible to the country rather than helping them apply for a TRP. If a person completed a diversion program or had their conviction expunged, for example, applying for a Temporary Resident Permit may not be the path of least resistance when trying to get into Canada.
If there is any chance a person could be re-sentenced or still end up convicted of the crime, the Government of Canada can still consider them criminally inadmissible. Consequently, if an individual with a DUI arrest has not yet finished Court Supervision in Illinois, or has entered probation before judgment (PBJ) in Maryland but not yet completed the probation, or has started the ARD program in Pennsylvania but not yet had their DUI expunged, they may require a Canada entry waiver to avoid getting refused admittance. In general, unless you fulfill all court-mandated requirements associated with a deferred adjudication, deferred sentencing, or deferred prosecution contract for a DUI charge, a Canada TRP lawyer will not be able to argue that you should no longer be considered inadmissible to the nation. Some people apply for Temporary Resident Permit access to cover them until their case closes in a "favorable" manner, while others dealing with a pending charge will simply avoid Canada until they have evidence of a "no conviction" outcome.
If you were arrested for impaired driving but did not get convicted, it is advisable to consult with a TRP application lawyer regarding your options for entering Canada as a person's admissibility may not be obvious in some circumstances. In general, however, if you have any criminal history, even if you never ended up standing before a judge, Canada Border Services Agency (CBSA) authorities may ask about it. Drunk driving is now considered serious criminality north of the border, so even a solo DUI, DWI, OVI, OWI, DWAI, or reckless driving (including both dry reckless and wet reckless) violation can now render an American inadmissible to Canada forever on grounds of criminality. For this reason, even if a US citizen has an old criminal record it can be smart to speak with a Canada TRP attorney before planning a vacation.
Getting approved for a TRP is not as easy as presenting a plausible case that you learned your lesson and are not dangerous. Acquiring a TRP also involves making a compelling argument that you need to go to Canada, as opposed to only wishing to visit. Evidence of a strong and valid reason necessitating travel to Canada should always be included in a TRP application, especially if you are asking for a permit valid for multiple visits. A TRP lawyer can help ensure a client's application includes the type of robust evidence that is pertinent to an effective petition.
Since applying for a Temporary Resident Permit can be a tricky and convoluted process involving a huge amount of paperwork, a foreign national interested in crossing the Canadian border needs to evaluate if it is worth investing in. Due to the substantial cost of applying for a Temporary Resident Permit with the help of a professional, many Americans decide to cancel their trip rather than hiring a TRP lawyer. One of the major factors affecting such a decision is customarily the person's reason for wanting to get into Canada. If an individual is only in the planning stages of a leisure foray and has not yet committed to the expedition, it is presumably not too painful to walk away. If someone booked a vacation to Canada, and it is refundable, frequently they will simply ask for their money back and book a pleasure trip elsewhere instead. If the trip is non-refundable, the amount someone paid will oftentimes play a part when evaluating if hiring a Canada TRP lawyer is worthwhile. If the trip was cheap, spending money on a barrister or solicitor probably does not sense. If a trip was expensive, however, spending additional money on a Canada TRP lawyer might be justified.
If someone wants to visit a close friend or family member in Ontario, Quebec, British Columbia, or another area of the country, but their loved one enjoys visiting the United States, they may just conclude it is easier to not go to Canada and wait for the person to come to the US instead. For business trips, if a co-worker can go in your place, or it is possible to replace the visit with a Zoom meeting or video chat, that may be the best option. If you are the only person who can fulfill the mission, however, retaining the legal services of a Canada immigration lawyer for a TRP application could be smart especially if the visit might bring tremendous value.
The Canadian consulate ordinarily takes several months to process a Temporary Resident Permit. Consequently, if an individual needs to travel to Canada quickly they may be stuck bringing an expedited TRP application to the border for real time adjudication. This is not ideal, however, since a traveler will not know if they are approved ahead of time which can be risky since there is never a guarantee of success even when working with one of the best TRP lawyers. In order to maximize a person's odds of approval when applying for a Canada TRP at the border, it is common for a person to still submit a regular Temporary Resident Permit application to the consulate. CBSA officers can then verify a visitor has an application pending with the consulate, which can help show they tried to obtain pre-approval before their trip and are not trying to take a shortcut. This involves preparing two TRP applications, however, which will commonly increase the Canada TRP lawyer cost slightly (majority of the two applications will be the same, so it certainly should never double the price). Most Americans that hire a Canada Temporary Resident Permit lawyer, also referred to as a Canadian entry waiver lawyer, do so to ensure they will have the highest possible chance of being allowed into Canada as fast as possible.
Applying for a TRP at the Canadian border should be reserved for true emergencies, and when possible it is always better to apply for an entry waiver via a consulate. While ideally everyone wants a TRP approval letter in hand before flying into Toronto, Vancouver, or any other city in Canada, last-minute plans do happen. Work trips in particular can pop up on short-notice so while far from an optimal solution at times an individual has no choice but to request a TRP directly at the border. Be warned though, if your reason for traveling to Canada is not legitimately urgent, border agents could very well refuse to approve you for a TRP regardless of how strong your application otherwise is. Consequently, we encourage you to plan ahead and apply for a TRP as soon as possible. Since the decision is made on the spot at a Port of Entry (POE) and you only have one opportunity to present your case, it is essential for a border TRP application to be impeccable without any errors or omissions. Our Canadian lawyer has prepared many border Temporary Resident Permit applications, and is usually willing to assemble them on an expedited basis when needed for quick travel.
Want to apply for TRP at the border but have questions about your eligibility? Speaking with a reputable Temporary Resident Permit (TRP) lawyer may be advisable.
If a foreign national is eligible for Criminal Rehabilitation, which can permanently overcome a person's inadmissibility, this is the route preferred by the Government of Canada. Applying for a TRP without also pursuing Rehabilitation can even be grounds for the TRP application to be rejected if the applicant is eligible for the permanent fix. Criminal Rehabilitation is available to an American if all sentencing including probation or parole was finished at least five years ago. For a misdemeanor conviction related to driving under the influence of alcohol, a court-imposed suspension of driving privileges counts as part of the person's sentencing. Obtaining a permanent pardon can take up to one year, however, so many people apply for both a TRP and Criminal Rehabilitation at the same time with the goal of entering Canada soon while still fixing the problem forever.
Most Canada TRP lawyers can also be considered a Criminal Rehabilitation lawyer since the applications are comparable. Due to substantial overlap between a TRP and Rehabilitation application, if you retain a Canada immigration lawyer for both applications they will frequently offer a sizable discount. This is because the paperwork is complementary, so many elements can be done once and then reused. If you are eligible for Canadian Rehabilitation, but want to apply for a TRP so you can get into the country soon, it is advisable to also apply for Canada Criminal Rehabilitation in order to have the best odds possible of being granted a TRP. When assessing if a Canadian Temporary Resident Permit lawyer is offering you a true deal, consider asking for a price quote for a TRP application, a price quote for a Rehabilitation application, and then a price quote for the combo. This will allow you to evaluate exactly how big the discount they are offering really is.
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American citizens with a DUI or other criminal history can be surprised to learn they risk getting denied entrance by Canadian border authorities unless they are approved for an entry waiver or pardon. It can then be even more surprising when they research how to apply for a Canada Temporary Resident Permit and realize it is so complex a lot of people end up hiring a Canadian TRP lawyer. This can make some feel uncomfortable, almost as if the Government of Canada is extorting them. This is absolutely not accurate, however, as the Canadian Government does not force people to pay for a Canada TRP lawyer if they do not wish to.
First of all, being allowed to enter a foreign country is a privilege not a right. Even though Canada is next door, and many Americans live close to the border which makes driving across the border effortless, they are still a sovereign nation with their own rules and laws. According to Canadian law, if a visitor has a criminal record that equates to a crime in Canada that could be serious (either a hybrid offense or indictable offense), they can be considered criminally inadmissible and turned away. If a US passport holder wishes to travel to Canada but is inadmissible, they can obviously choose to hire a TRP attorney to help them fix their inadmissibility, but they also have the option to avoid the country as well. People enjoy the freedom to determine for themselves what they want to do. Some people retain the professional services of a Temporary Resident Permit application lawyer in Canada, while others shun the country.
Supporting documentation required for a TRP application can include court documents, such as the court disposition containing sentencing information, as well as a police clearance from the FBI (also referred to as a background check). In addition to the TRP Canada lawyer cost, the Canadian Government also charges a USD 175 processing fee (the actual amount is CAD 229.77 but then adjusted to US dollars according to the current exchange rate). This is what immigration authorities charge an individual to spend the time reviewing their application. The consulate charges the same price to process a regular TRP application as the border can charge for adjudicating an expedited TRP application. If getting into Canada with a DUI or other misdemeanor or felony is essential, a Temporary Resident Permit Canada lawyer can assess your situation, identify the best course of action, and give you the best chance possible of successfully getting into the nation. Entry to Canada is always at the full discretion of border agents, so if any paperwork is missing or wrong CBSA agents are not compelled to let a person in just because they brought an application with them.
When evaluating Canada Temporary Resident Permit lawyers, some Americans want to know if there is any TRP attorneys in the United States. A few Americans also wonder if their local DUI lawyer can get them into Canada. A DUI attorney is a criminal defense lawyer that specializes in drunk driving cases, and since they must represent their clients in court they are commonly located in the area their client was arrested. A Canadian TRP lawyer is an immigration lawyer typically located in Canada that focuses on helping their American clients apply for a Temporary Resident Permit waiver. In general, a local DUI lawyer can help a person fight a criminal charge, but cannot get them a Canada entry waiver. A Canadian TRP lawyer, on the other hand, can help a person request special permission to cross the border but cannot represent them in local court. Canadian TRP lawyers should have an authorized representative number with Immigration, Refugees and Citizenship Canada (IRCC) allowing them to submit a TRP application directly to the Government.
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