Foreign Travel Webinar

TROY, MI, June 27, 2012 (Press-News.org) Because each foreign country is a sovereign state, each has its own set of rules, policies, and procedures concerning the admission of United States citizens with criminal convictions into the country. Consequently, it is vital to counsel clients that may travel to foreign countries for business or pleasure that a criminal conviction may prevent entry into a foreign country.

Moreover, since each country sets its own rules on the admission of persons with a criminal history, it is critical that attorneys and clients carefully review the rules and regulations of an intended travel destination.

Consultation with the foreign country's local consulate or embassy is also strongly encouraged.

There are many sources on the Internet that provide reliable information. An excellent place to start for a general overview of the entry and exit requirements world-wide is the U.S. State Department web site:

http://travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html

In addition, many countries have critical information on their own web sites. Examples include:

Canada
http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp

Mexico
http://www.sectur.gob.mx/en/secturing/sect_eng_manual_of_tourist_entry

India
http://mha.nic.in/foreigDiv/TourVisa.html

Travel to Canada

A. Introduction

Because of Michigan's proximity to Canada, Michigan attorneys are more likely to encounter questions from U.S. citizens about traveling to Canada than any other country.

According to the U.S. State Department, for temporary visits to Canada for less than 180 days, a visa is not required for U.S. citizens in most cases. See http://travel.state.gov/travel/cis_pa_tw/cis/cis_1082.html.

For information on entering Canada for any purpose other than a visit (e.g. to work, study or immigrate), contact the Canadian Embassy or nearest consulate and consult the Canadian immigration website.

Entry into Canada is solely determined by Canadian Border Services Agency (CBSA) officials in accordance with Canadian law. Canadian law requires that all persons entering Canada carry both proof of citizenship and proof of identity. A valid U.S. passport, passport card, or NEXUS card satisfies these requirements for U.S. citizens.

Anyone with a criminal record (including misdemeanors or alcohol-related driving offenses) may not be able to enter Canada without first obtaining a special waiver well in advance of any planned travel. To determine whether a client may be inadmissible and how to overcome this finding, please refer to the Canadian citizenship and immigration website at http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp.

Frequently asked questions: Overcoming criminal inadmissibility to Canada

Source: http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp

1. What is criminal inadmissibility?

In general, it is a term used to describe a person who will not be allowed to visit or stay in Canada because they have committed or been convicted of a crime in, or outside of, Canada.

2. I was charged with a crime in the United States and found "not guilty." Am I criminally inadmissible?

No. When a court in any country decides you are not guilty of committing a crime, you will not be considered criminally inadmissible. However, you could be found inadmissible if you were found guilty later by a civil court.

Also, a visa officer has the right to find someone inadmissible, even if they were not charged, if he or she is satisfied the person committed a crime.

3. I was convicted of driving while under the influence of alcohol or drugs. Am I criminally inadmissible?

If you have been convicted of driving while impaired by alcohol or drugs, you will probably be found criminally inadmissible to Canada.

4. What is the new policy on criminal inadmissibility?

Normally, if you have been convicted of an offence, such as mischief or driving under the influence, you cannot enter Canada without a permit that has a processing fee of C$200. However, in line with Canada's Federal Tourism Strategy, Citizenship and Immigration Canada and the Canada Border Services Agency may now make it easier for you to enter Canada.

Starting March 1, 2012, you may be able to get a temporary resident permit for one visit without having to pay the C$200 processing fee. To be considered under this policy, you must

- have served no jail time, and
- have committed no other acts that would prevent you from entering Canada.

5. Who is eligible under the new policy on criminal inadmissibility?

You may be eligible for the fee waiver if you:

- have been convicted of an eligible offence (or its equivalent in foreign law);
- have served no jail time;
- have committed no other acts that would prevent you from entering Canada; and
- are not inadmissible for any other reason.

6. What types of convictions are eligible for the fee waiver under the new policy?

Eligible convictions include those equivalent to criminal offences under the Immigration and Refugee Protection Act (IRPA), Section 36(2).

The equivalent convictions vary from country to country. Among others, they include:

- driving under the influence of alcohol;
- public mischief; or
- shoplifting.

All serious criminal offences, defined under Section 36(1) of IRPA, are not eligible. Among others, they include:

- robbery;
- fraud over C$5000; or
- assault causing bodily harm.

A one-time fee waiver will allow you to continue your trip without paying the C$200 fee.

The Canadians want to help make you aware of Canada's admissibility rules, while making your travel easier.

If you are inadmissible, you may become admissible again if you:

- satisfy an officer from Citizenship and Immigration Canada or the Canada Border Services Agency that you meet the legal requirements to be deemed rehabilitated;
- apply for rehabilitation] and get approved; or
- get a pardon.

7. As an inadmissible person, can I enter Canada more than once without paying the fee?

The fee for a standard (single-entry) permit will only be waived once.

If you show up at the border without the required entry documents a second time, you may be considered for a temporary resident permit again, and you will have to pay the usual C$200 fee.

You could also wait until you meet the conditions for deemed rehabilitation, or apply to CIC for a temporary resident permit before your trip.

8. What is rehabilitation?

Rehabilitation means that you are not likely to commit new crimes. If you are deemed criminally inadmissible by law, at some point you may be considered rehabilitated. If you want to come to Canada, but you have committed or been convicted of a crime outside Canada, you may apply for rehabilitation to enter Canada.

You will usually be required to prove that at least five years have passed since the end of any sentence imposed (including any period of parole/probation), and that you have a stable lifestyle, permanent residence, employment, and letters of reference attesting to your good character which would show that further criminal activity is unlikely.

If you are outside of Canada, applications for rehabilitation should be sent to the visa office nearest to you. If you are in Canada, your application should be sent to the nearest Citizenship and Immigration Centre. The same application can be used inside or outside Canada. Contact a Citizenship and Immigration Centre in Canada or a Canadian embassy, high commission or consulate outside Canada.

For more information, see Overcoming criminal inadmissibility.

9. How long will it take to get a decision on my application for rehabilitation?

Applications for rehabilitation can take over a year to process, so make sure you plan for your visit far enough in advance.

10. How much are the processing fees to apply for rehabilitation?

The application fee for rehabilitation is either $200 or $1,000 (Canadian dollars) depending on the seriousness of the crime. You should pay $200. You will be informed if further fees are required.

11. Are processing fees refundable?

Processing fees are not refundable whether or not your application is approved. If your application is refused and you decide you want to apply again, you will have to pay a new processing fee.

12. When am I eligible to apply for rehabilitation?

You are eligible to apply for rehabilitation if:
- you committed a crime outside Canada (for which you were not charged) and five years have passed since or
- you were convicted of a crime outside Canada and five years have passed since the end of your sentence.

For example:

In 1989, I was convicted of driving while impaired in the United States. I did not serve any time in prison and I have had no other convictions. Will I be allowed to enter Canada?

Based on your circumstances, it is possible an immigration officer would find you deemed rehabilitated under a system called deemed rehabilitation. Deemed rehabilitation applies to people who have one previous conviction over 10 years ago. If an immigration officer finds you deemed rehabilitated, you will probably be allowed to enter Canada as long as all other requirements are also met.

On June 3, 2003, I was convicted of driving under the influence and had my driver's licence taken away from me for three years. When am I eligible to apply for rehabilitation?

Your sentence -- which includes the period your license was suspended -- ends on June 3, 2006. Count five years from the end date of the suspension or the date your driver's license is reinstated. You would therefore be eligible to apply for rehabilitation on June 3, 2011.

I was convicted of a crime on December 13, 2002, and received a jail sentence of three months. When will I be eligible to apply for rehabilitation?

You can apply for rehabilitation five years after the end of your sentence. If your three-month jail sentence ended March 13, 2003, you have been eligible to apply for rehabilitation since March 13, 2008, as long as no other terms ( for instance. parole, probation, etc.) were imposed on your sentence.

I have one conviction for which I was given three years of probation. Do I apply for rehabilitation after my probation is finished?

No. You are not eligible for rehabilitation until five years after the end of your sentence. Since probation is included in your sentence, you can apply for rehabilitation five years after you complete your probation.

For more information, see Overcoming criminal inadmissibility.

13. What can I do if I must come to Canada but I do not qualify for rehabilitation?

If you can show that you have a compelling reason to travel to Canada and that you do not pose a risk because of your inadmissibility, you may be able to apply for a Temporary Resident Permit which would allow you to enter or remain in Canada.

14. How can I find out whether an offence committed outside Canada is considered a criminal offence in Canada?

This is a very difficult and complex task. It involves comparing the elements of Canadian law with those of the foreign jurisdiction. The Canadians recommend that the person fill out the application for rehabilitation and check off the box "for information only."

A visa officer will review the details of your case and assess if you are criminally inadmissible. There is no fee for this type of application. (Note: if you live in the U.S., this option is not available to you. See Deemed Rehabilitation for more information.)

You may also review the Canadian Criminal Code to find an equivalent of a foreign offence in Canadian law.

15. I have been charged with a crime but my trial is still under way. Will I be allowed to enter Canada?

No. You are considered criminally inadmissible if:

- you have a trial under way;
- there is a warrant out for your arrest;
- you have charges pending against you; or
- an officer has credible information that you committed an offence outside Canada.

16. I have been charged with a crime but I left Canada before my trial began. Will I be allowed to enter Canada to attend my trial, or for other reasons?

You are considered criminally inadmissible if you have charges pending against you. However, there may be situations when you need to enter Canada -- for example, to attend your trial. If you can show that you have a compelling reason to travel to Canada and that you do not pose a risk because of your inadmissibility, you may be able to apply for a Temporary Resident Permit to cover the time your trial will take.

17. I am currently on parole. Will I be allowed to enter Canada?

No. If you want to come to Canada, you must apply for rehabilitation five years from the day you complete your parole.

Source: http://www.cic.gc.ca/english/information/faq/inadmissibility/index.asp

B. Permission to Travel to Canada

Even if you have a criminal conviction, you may be permitted to go to Canada by the following ways:

1. You have applied for rehabilitation and your application has been approved; OR
2. You are able to satisfy an immigration officer that you meet the legal requirement to be deemed rehabilitated; OR
3. You have obtained a Temporary Resident Permit; OR
4. You have obtained a pardon from the National Parole Board of Canada if the criminal offense was committed in Canada; OR
5. You have obtained a foreign pardon recognized in Canada.

C. Rehabilitation, Pardons, Temporary Resident Permits

1. Individual Rehabilitation

You can apply for individual rehabilitation if at least 5 years have passed since you have completed all your criminal sentences.

To apply for individual rehabilitation, you must submit an application and pay a processing fee. Applications for rehabilitation can take over a year to process.

2. Deemed Rehabilitation

You may be deemed rehabilitated if at least 10 years have passed since you completed the sentence imposed for your crime.

Some requirements for deemed rehabilitation include:

- You have only been convicted of one offence; AND
- The offence would be punishable in Canada by a maximum term of imprisonment of less than 10 years.

You are not required to submit an application to be deemed rehabilitated.

3. Pardon or Discharge

If you received a Canadian pardon for your conviction, you may be allowed to enter Canada.

If you received a pardon or discharge for your conviction in a country other than Canada, check with the Canadian Consulate or High Commission nearest you for more information.

4. Temporary Resident Permit

If justified by compelling circumstances, foreign nationals who are inadmissible to Canada, including people who have a criminal conviction may be issued a temporary resident permit allowing them to enter or remain in Canada.

Source: http://www.visabureau.com/canada/travel-visa.aspx

D. Crossing the border

A legal decision on inadmissibility is made at the time you seek entry to Canada, either through an application or at a port of entry. Whichever way you are seeking permission to go to Canada, you must provide the documentation and information concerning the details of these convictions.

This documentation and information includes:

1. Information on the sentences you received for your convictions;
2. Any pardons or discharges granted; AND
3. Information on the laws under which you were convicted or pardoned or discharged.

If you are applying for a temporary resident visa or a permanent resident visa, you will have to provide details of your criminal history in your visa application.

Source: http://www.visabureau.com/canada/travel-visa.aspx