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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 104514
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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I am looking to visit Montreal for a work conference and I

Customer Question

I am looking to visit Montreal for a work conference and I had a DUI conviction 5/31/2007 with the disposition completed 12/5/2008
Assistant: Where are you located? It matters because laws vary by location.
Customer: I live in Austin, Tx, USA
Assistant: Has anything been filed or reported?
Customer: with Canada immigration, no
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: no
Submitted: 7 months ago.
Category: Canada Law
Expert:  Legal Ease replied 7 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 7 months ago.

Because of your criminal record at first you were considered to be inadmissible to Canada on the basis of criminality.

But, after 5 years has passed since your sentence as been completed it is sometimes possible to be deemed to have been rehabilitated when you reach the border. However, there's no guarantee as it's up to the discretion of the immigration office.

If you don't want to take a chance at the border the most prudent thing to do is to apply for individual rehabilitation. If this application is successful you will no longer have to be concerned about being turned away at the border.

But, it takes over a year to get this processed.

So, if you want to come up before then it's sometimes possible to get what is called a Temporary Resident Permit (TRP). This is sometimes granted in cases like yours.

Here is a link to the information about the TRP application:

http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

Here is the link to the webpage that explains how rehabilitation works:

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Legal Ease replied 7 months ago.

One more point.

You can also apply for a TRP at the border but then there is the risk you will be turned away.

Customer: replied 7 months ago.
How do you apply for a TRP? What do i need to bring? I don't have time for a year long application. Is it the IMM1444 form? What happens if you fly in and are turned away? Do you sleep in the airport until you can get a flight back?
Expert:  Legal Ease replied 7 months ago.

If you are turned away I assume you sleep in the airport but they will not release you so you would wait in a holding area until the next flight.

To apply ahead of time you have to contact the Canada visa office closest to where you live. You cannot get the forms online. The IMM1444 is not for a TRP. It is for the rehabilitation process only.

Expert:  Legal Ease replied 6 months ago.

Is there anything more I can help you with at this point in time?