Should we risk a trip up north?
August 28, 2013 12:58 PM Subscribe
My spouse got into a stupid situation with another family member about four years ago, resulting in a misdemeanor charge. Now we want to take a day trip to Canada and the admissibility rules are confusing. Can we go?
Approximately four years ago, my S.O. was arrested and convicted of class B misdemeanor shoplifting in Texas (Theft more than $50 and less than $500) which carries a maximum sentence of 180 days in jail and a $2,000 fine. The sentence was less than two days and given credit for "time served" after a guilty plea was entered. (To be clear: Deferred adjudication was not offered or taken; the charge stands as a guilty conviction.) No warrant was issued, everything is finished. All of the court stuff was officially completed three years ago. This is the only thing on my S.O.'s criminal record. The charge does appear on an electronic search of Texas records.
My spouse is a US permanent resident and would otherwise be eligible to enter without a visa because of that status. I've been reading the "criminal admissibility" web pages at CIC but they are confusing. There is a mixture of 10-year waiting periods, 5-year waiting periods, and conflicting information regarding "two or more summary convictions" and "10 years since any crime was committed" and how certain admissibility assessments aren't available when originating in the United States.
It would be a day or one night trip from a state bordering Canada. I am a U.S. citizen and we would be driving.
In short: Can we go to Canada with this? If my spouse is turned away at the Canadian border, is this a very bad thing for trying to get permission through a formal process? Also, would the U.S. authorities have an issue with us (specifically, jeopardizing my spouse's green card status) coming back to the U.S. if Canada says "nope?"
Anonymous because others know my username here and I'd rather people not be able to directly dig up my spouse's information. Throwaway e-mail: runforthenorthernborder@fastmail.mx
Approximately four years ago, my S.O. was arrested and convicted of class B misdemeanor shoplifting in Texas (Theft more than $50 and less than $500) which carries a maximum sentence of 180 days in jail and a $2,000 fine. The sentence was less than two days and given credit for "time served" after a guilty plea was entered. (To be clear: Deferred adjudication was not offered or taken; the charge stands as a guilty conviction.) No warrant was issued, everything is finished. All of the court stuff was officially completed three years ago. This is the only thing on my S.O.'s criminal record. The charge does appear on an electronic search of Texas records.
My spouse is a US permanent resident and would otherwise be eligible to enter without a visa because of that status. I've been reading the "criminal admissibility" web pages at CIC but they are confusing. There is a mixture of 10-year waiting periods, 5-year waiting periods, and conflicting information regarding "two or more summary convictions" and "10 years since any crime was committed" and how certain admissibility assessments aren't available when originating in the United States.
It would be a day or one night trip from a state bordering Canada. I am a U.S. citizen and we would be driving.
In short: Can we go to Canada with this? If my spouse is turned away at the Canadian border, is this a very bad thing for trying to get permission through a formal process? Also, would the U.S. authorities have an issue with us (specifically, jeopardizing my spouse's green card status) coming back to the U.S. if Canada says "nope?"
Anonymous because others know my username here and I'd rather people not be able to directly dig up my spouse's information. Throwaway e-mail: runforthenorthernborder@fastmail.mx
It seems pretty clear from the CIC documentation that you cannot enter Canada without special permission unless at least 5 years have passed since finishing the sentence--AFAICT you need to fill out that rehab app, check the "for information only" box, send it in, and then see if they'll give you special permission. The special permission may not be hard to get (I have no idea) but it doesn't sound like this is something that can just be handled at the border without upfront paperwork.
posted by phoenixy at 1:20 PM on August 28, 2013
posted by phoenixy at 1:20 PM on August 28, 2013
You could always just ring them up and ask.
posted by Mary Ellen Carter at 6:13 PM on August 28, 2013 [1 favorite]
posted by Mary Ellen Carter at 6:13 PM on August 28, 2013 [1 favorite]
Is it worth the risk to try this if it's at all dubious?
posted by jenfullmoon at 7:46 PM on August 28, 2013 [1 favorite]
posted by jenfullmoon at 7:46 PM on August 28, 2013 [1 favorite]
Speaking as a Canadian PR from the States, I would recommend calling or contacting. I had a DUI on my record from my early 20s, moved to Canada in 2009, and was luckily able to get a TPR (Temporary Residence Permit) at the border station to cross. Of course, they wanted me to be clear that as long as I had Rehab Application paperwork in process, they were okay with doing this. Still, it's risky to assume they will do the same for you at the border station. I'd call first and explain your situation and see what they say.
posted by Kitteh at 7:15 AM on August 29, 2013
posted by Kitteh at 7:15 AM on August 29, 2013
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Maybe? Apparently any criminal behavior can be grounds for refusal, based on the border agent's discretion. You may want to investigate getting an Application for Rehabilitation.
posted by boo_radley at 1:15 PM on August 28, 2013