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| Subject: prior conviction question |
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My cousin is an American citizen and got caught crossing the border about 20+ years ago with some hash in his pocket.
Since that time he has been a good little boy and would like to come to visit the clan this summer for a family reunion.
I know we deal with this in sponsorship cases. What does he need to do inorder to come and see his Canuck cousins.
any help would be much appreciated.
[18-02-2008,22:41]
[**.155.160.37]
Sharon |
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(in reply to: prior conviction question)
one more detail, he was charged by the Canadian authorities in some little hick town called Creston.
[19-02-2008,01:42]
[**.155.160.37]
Sharon |
(in reply to: prior conviction question)
Technically Cousin or anyone who has charges/convictions is suppose to inform CBSA of any & all convictions when they arrive at POE. Many don´t and drive right through.
With Plate readers and PPT scanners they have the information fast. The person could apply for a pardon since the offence occured in Canada which would take a little over a year or he can have with him all kinds of supporting documentation that he never inhales anymore. That he is now a different person and that he complied with all provisions of the conviction. Therefore they will find him deemed rehabilitated right at the border.
Roy
www.cvimmigration.com
[19-02-2008,07:53]
[**.55.216.24]
Roy |
(in reply to: prior conviction question)
Based on entirely my personal experience; that may depend on the amount of. Though as it was 20 years back I don´t think it would be a big deal.
He must be truthful if ask this particularly at the POE. Though from my experience; I always see US trourists entering into Canada are admitted without much questioning. Most of the time, where..why..for how long..what do you have..gifts/liquor...
They rarely question about previous crime history and check their record if no other issue comes. So, if not particularly asked then he doesn´t need to tell anything about the past incident.
[19-02-2008,12:04]
[***.254.208.246]
Departed_Canadian |
(in reply to: prior conviction question)
he attempted to cross a few times shortly after the incident and was turned away. I think he is a little aprehensive to try it again.
Roy, are you suggesting the boarder services could make a determination based on a verbal declaration (on a one entry TV basis) without doing a full pardon exercise.
the reunion is in August.
[19-02-2008,14:03]
[**.155.160.37]
Sharon |
(in reply to: prior conviction question)
Yes of course based on certain situation and the tone of voice lots of visitors are deemed rehabilitated at the POE. Sometimes their innitial visit is only for a couple of days and they must check out when they leave.
Here is a recent article from the LA Times regarding this subject.
http://travel.latimes.com/articles/la-tr-spot24feb24
To be deemed rehabilitated at any POE depends on the persons past history and current behavior.
If one was convicted for DUI in the states and is now a card carrying member of AA and can prove that they have turned a new leaf on life sure verbal does make sense,
Any person also will be assessed by their reason to enter Canada so if they are now driving for a living obviously they have changed their ways.
Proving that fines have been paid and or probation complied with would assist any CBSA officer in rendering his/her decision. The Time Factor is crucial.
Applying for a rehabilitation certificate can take years based on how the CBSA equates the allegations.
Certain Drug Offenses and the CBSA Officer may look at that and say "For the Grace of God Go I" we all have had youthful transgressions. Years ago too many people gave little thought to jump in the car and drive home instead of paying for a cab and I will not write about the sixties.
I hope this clarifies the issue.
Roy
www.cvimmigration.com
[22-02-2008,00:44]
[**.52.217.220]
Roy |
