Criminal Inadmissability Alternatives

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Subject: Criminal Inadmissability Alternatives
  I have several questions that have eluded an answer and quite frankly I post this in the hope someone has alternatives to be allowed to gain entry.. Legally.. I realize this is not the first post regarding this subject although its quite possible the topic needs to be refreshed due to most answers offered being too old to seem relevant to a recent series of events.

Now.. no one that i know of looks into immigration procedures when falling in love.. so alas .. it was quite surprising that our neighbor to the north (I live in the US) was such a nightmarish encounter.

The specifics are as follows.. and most are given to aid in the advice being offered by this fabulous forum.

I am a 34 year old artist (glassblower).. self sufficient.. not rich.. not well off even.. but self sufficient. single father. with a class A misdemeanor on my record that occurred or was officially pled to and finished on Dec 22 2008, I have 2 children that would immigrate with me.. I am able to secure a job offer to remove the barrier of necessary funds to enter the country.

She is 28 years old.. and unlike myself would not have the permission to come to the United States with her 5 children from her ex husband. is currently on govt assistance and unemployed due to the ages of her children apparently there is no pressure on her to obtain employment prior to them all being of school age and the cost of child care negating most of any additional income she might receive from said employment (which provided yet another barrier to US immigration because we have restrictions as well on being able to at minimum be self sufficient)

To make a long story short.. we fell in love .. and knowing i had the support of my children´s mom after quite some time of using skype, the phone, literally thousands of pages of emails and text, I made the choice to move to canada.. not just to canada.. but to saskatoon.. :( honestly, the most crime ridden city within the country. to possibly the worst neighborhood in that city. ON my arrival at the border in May 2010 I was informed my misdemeanor was responsible for making me criminally inadmissable and that if i had more documentation or a more sympathetic immigration officer I could seek entry again. as I returned to the US (at the Idaho crossing) my US customs official told me the guy must have been having a bad day .. and to try another checkpoint in neighboring montana.. obviously i showed a great amount of despair at being initially turned around.. so i did drivve another 10 hours to a montana crossing.. (make note.. I was not sneaking into. each time was at an official crossing and with a transparent demeanor)

I was again turned around in montana.. after being made to feel like i had done something "WRONG" by seeking to gain entry into canada. I was treated like a criminal and made to "voluntarily withdraw my application to enter canada" which was a ridiculous piece of paper at best when quite the contrary i was not willing to withdraw my request but was given no other option other than to contact the canadian consulate in the US or return with a handful of paperwork and try again at the border ( an option only allowed to american citizens at a Port of Entry)

We secured her passport upon my return to Oregon and she was able to come down and see us here (again.. unable to bring her children so the time she could stay was limited at best)

over the next 5-6 months I feverishly worked to obtain a lengthy list of documents.. It was a remarkable financial burden to get these things together. I came on Dec 22 to the Blaine crossing into BC. drove up to the entrance booth and made it clear we might need a trp but i brought all documents relating to my criminal offence.. as well as parental consent for the visit notarized etc... fbi record, state police records, tax returns, extra passport photographs, letters of reference, (the whole list of requirements to obtain a TRP)

It was then.. on this fateful 3rd try .. legitimately that i was informed in front of my children that i could be detained for attempting yet another entry after a prior denial. the look of absolute disbelief had to be obvious.. i had given up on the concept of an easy move but was still very hopeful through a TRP we would be able to go and take trips (this one was for the christmas holidays)

The officer at the border looked at me like a moron when i mentioned any concept of being issued a temporary resident permit. I was willing to pay the fees.. was only asking for the christmas vacation and had no intention of being able to stay without more planning to make it financially responsible to take the kids and myself. He told me that the Blaine crossing issues only a handful of TRP´s in the course of the year, and then directed me again to the consulate but told me any hope of a TRP was wasted and i could not apply for criminal rehabilitation prior to 5 years after the aforementioned Dec 22 2008 date the offence was adjudicated.

THey informed me that the only means of getting any information on canadian immigration was either the consulate or the website. I remarked that the website is what led me to the port of entry to seek a TRP. I called the consulate in seattle.. only to find they do not answer any immigration questions on the phone.

my crime was a theft of services charge from an overdue rental car and while most states do not have a statue like the one I encountered. Texas my original Home state was one of two that rental companies successfully lobbied to enact a law providing a charge encompassing the entire value of the vehicle as opposed to the actual amount owed on rental. originally a felony charge of theft of services 20-100k
pled to a more realistic class a misdemeanor theft of services over 500 under 1500 dollars with restitution paid on my first court appearance and a meager 188 dollar penalty.

There was never an intent to "steal" anything. It was a major lack of communication and the reality of fighting a case in texas while living in oregon was a financial burden i could not afford with the travel and lengthy court arguments to follow..

I am .. quite sincerely a great person.. respected by my peers.. helpful to almost anyone.. and still wanting to immigrate to relieve the burden on my now fiancee in regads to daily life expenses and the task of taking care of not just my 2 .. but her 5 children as well..

It was not a violent crime.. no drugs.. nothing on my record to indicate i would be a threat to canada.. and i even asked if i could obtain a personal bond to make sure the country had no reason to fear any negative impact on my being allowed to enter the country.. to which i got a blank stare.

What procedure can be used to overcome this.. if any.. is there someone who i can write a letter to.. someone with the authority to either issue a TRP.. provincial government? federal government? or someone with the ability to handle this situation.. Is there any benefit in obtaining an attorney. ( they told me there was zero benefit at the border crossing) so im reluctant to pay the 1200- 200 dollar retainer fee... but we are both.. sick over this.. it was hard enough to find the person you want to be with.. but to make the choice to try and pull this beautiful girl from the wretches of the poverty she currently is faced with.. it seemed honorable.. and nothing but a HUGE PHENOMENAL positive for canada.. Not to mention the reality of it being the province plagued by crime and the sincere lack of global interest to ever enter this province without reason.

I can give alot of the more specific details if needed.. but.. in a word.. what im asking for .. is :(

Help

Thanks for your time reading this.. I hope it finds the wisdom one of you holds to successfully.. and legally overcome this issue..

[12-01-2011,00:17]
[***.30.20.132]
Jeff
(in reply to: Criminal Inadmissability Alternatives)
It sounds like you´re criminally inadmissible for 5 years (which as you´ve already determined, is the standard period of time applied by the Canadian government for criminal convictions).

If you´re inadmissible - you´re not going to get a TRP. You also can´t apply to work in Canada until the 5 year period has passed.

Don´t focus on whether you can get a TRP. Focus on confirming whether the 5 year inadmissibility applies to you. If it does, then I´m afraid all you can do is wait until December 2013. I don´t know of any ways of getting around the 5 years.

[12-01-2011,07:40]
[**.52.180.201]
Anonymous
(in reply to: Criminal Inadmissability Alternatives)
The main thing is Jeff that you did everything wrong right from the get-go.

When you were first refused of entry that you should have been enough for you to understad that YOU WERE NOT allowed to enter Canada. The second time that you were refused of entry the officer was very nice actually, he/she could´ve give you an exclusion order which would have put a ban on you from entering Canada for 1-2 years and third officer could actually put you in detention and deport you which would have put a ban on you from entering Canada EVER!

You cannot move to Canada entering as a turist and thinking that you can just stay here, there are immigration procedures that you have to follow, there is no "easy way".

First off, you have to overcome your criminal inadmissibility, whether is because you were caught shop lifting a piece of candy or you robbed a bank.

Second, you are going to have to apply for a Permanent Resident status FROM THE US on your own merits, I mean you have to see if you qualify as a skill worker or provincial nominee.

www.cic.gc.ca

Your sweety pie from SK cannot sponsor you, she is not elegible according to what to described.

Piece of advice though, securing a job in Canada means that your employer has to have a job market opinion (or confirmation) from Human Resources Development of Canada and you have to STILL meet the requirements of admissibility in order to apply for a work permit and your inadmissibility in between, isn´t going to help.

again...

www.cic.gc.ca

You may have to wait about 5 years from the time that the criminal incident happened to be deemed rehab.

DO NOT TRY to cross the border again.

[12-01-2011,11:34]
[***.115.153.178]
DocD
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