Inadmissibility Due To Criminality: How To Move Forward On Your Immigration Journey | Episode 67

Ask Canada Immigration Lawyer Evelyn Ackah

04-07-2023 • 9 mins

On the podcast, Evelyn Ackah discusses how someone with a criminal history can legally cross the border into Canada or the United States, and how consulting with a professional lawyer can help navigate the complexities of inadmissibility and facilitate seamless border crossings.

In Canada, individuals with previous criminal history, even from many years ago, may face challenges entering the country.
How Ackah Business Immigration Law can help determine eligibility for a temporary resident permit (TRP) that grants special permission to enter Canada for work, pleasure, or business.
Americans who are usually exempt from formal visa processes may require a TRP if they are deemed inadmissible due to criminality.
Factors affecting TRP approval include the recency of the criminal history and the justification for entering Canada.
Individuals with a significant history (10-15 years or older) can also apply for criminal rehabilitation to permanently remove their inadmissibility.
Ackah Law recommends considering both a TRP and criminal rehabilitation for cases involving older convictions.
Immigration may refuse TRP or criminal rehabilitation applications if the volume of charges and convictions is high or if rehabilitation is not evident.
In the United States, Canadians with criminal convictions are inadmissible, and a Canadian pardon does not remove this inadmissibility.
Legal counsel is recommended to apply for a Visa waiver, which can take four to six months for approval.
Once approved, the Visa waiver allows entry into the United States for a period of one to five years, depending on US Immigration's discretion.
Unlike Canada, the Visa waiver requirement in the US does not go away and needs to be repeated for each entry.
Pending charges can also affect entry into the US, even without convictions.

About Evelyn Ackah

Evelyn Ackah is the Founder and Managing Lawyer at Ackah Business Immigration Law. With offices in Calgary, Toronto and Vancouver, we work with individuals and business owners from all over the world who want to cross borders seamlessly. For more information on immigration to Canada or the United States, Ask Evelyn Ackah at Ackah Business Immigration Law today at (403) 452‑9515 or email Evelyn directly at contact@ackahlaw.com.

The Ask Canada Immigration Lawyer Evelyn Ackah podcast by Calgary Immigration Lawyer Evelyn Ackah was named #1 Best Canada Immigration Podcast in 2022 by Feedspot.