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Entering Canada with DWI's and Other Convictions

A primer on the often misunderstood issue of entering Canada with prior DWIs. This presentation was given to Canadian lodges and resorts at the 2014 All Canada Show in Chicago. We are told the Canada Border Agents in attendance gave us high marks!

Being turned away at the border is embarrassing, frustrating, and costly. Many don’t wish to disclose that they have a prior offense to their employer, and just hope for the best until it’s too late. As such, my corporate colleagues appreciate a confidential contact to whom they can refer their employees beforehand, and assess options before problems at the border. This way the individual can deal with it on their own without having to divulge embarrassing details to supervisors, friends, sponsors, or colleagues. They also appreciate a local attorney who they can meet in person. Having said that, the need is so great my clients stretch the country.

Initial consultations are always free, so it doesn't hurt to call.

As you can tell I have a passion for Canada and it’s people, having done several fishing trips and my 10th anniversary in Quebec City. Next goal is the Calgary Stampede!

Happy to answer any questions, and again thank you for reading!

(612) 206-3721
info@sportsmanlawyers.com

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Entering Canada with DWI's and Other Convictions

  1. 1. Entering  Canada  with  Prior   Convic2ons   @ Chaudhary Law Office 2014
  2. 2. Chaudhary Law Office, PLLC! •  Minneapolis-based immigration law firm" •  Satveer Chaudhary, Esq." •  14 years" •  Former Minnesota State Senator" •  Avid sportsman, Canada-phile" •  Canadian associates" •  Lectures, articles"
  3. 3. SUMMARY! •  CLARIFY WHO IS INADMISSIBLE TO CANADA! •  DEBUNK MYTHS! •  REVIEW SOLUTIONS! •  RESOURCES!
  4. 4. WHO IS INADMISSIBLE?! •  Conviction or any act outside Canada that, if committed in Canada, would be punishable by a maximum of at least 10 years. " •  Conviction or any act outside Canada that, if committed in Canada, would be felony level in Canada. " •  E.G.: DWI, Reckless Driving, assault, disorderly, minor posession, and just their charges." •  For others must check Canada criminal code. E.g. Public intoxication? "
  5. 5. MYTHS! •  Minister’s Pardon" •  Only those driving; Not your car; Passenger seat" •  Passport scan" •  Since 9/11" •  Only Canada prohibits felons" •  2012 rules eliminated problem" •  Over 10 years is ok" •  Never encountered an issue before"  
  6. 6. SOLUTIONS—REHABILITATION! •  “CRIMINAL REHABILITATION”" •  Permanently erases inadmissibility" •  After 5 years one can try (“born again”discretionary)" •  After 10 years “deemed” rehabilitation (but still must apply)" •  From end of probation." •  Detailed forms, background checks, letters, court files" •  Apply to New York is east of Mississippi, L.A. if not." •  Sometimes border, but totally discretionary"  
  7. 7. SOLUTIONS—TRP! •  •  •  •  Temporary Resident Permit" If under 5 years since end of probation" HIGHLY discretionary" One-time DWI with no jail, or other urgent circumstance" •  Must balance need to travel with risk of rejection" •  Temporary loss of booking v. permanent loss b/c of border rejection"  
  8. 8. SOLUTIONS—TIPS! •  DO NOT: Argue with Border Agent" •  DO NOT: Cross your fingers" •  DO NOT: Bring application to border “just in case”" •  DO: Be pro-active with clients, provide resources" •  DO: Apply Early, can be tedious" •  DO: Homework, attend to detail, ask for help"  
  9. 9. RESOURCES! •  IMPORTANT: LAWYER IS NOT REQUIRED" •  www.cic.gc.ca/english/information/ inadmissibility/index.asp" •  www.cbsa-asfc.gc.ca" •  Authorized practitioners"
  10. 10. RESOURCES—Sportsman Lawyers! “In all my years here that’s the best prepared packet I’ve ever seen”! -Canada Border Officer, Vancouver December 22, 2013 •  Assist sports players, pilots, truckers, business " •  Review each case individually" •  Thorough to a fault"
  11. 11. YOUR TRIP TO CANADA SHOULD LOOK LIKE THIS:! Chaudhary  Law  Office,  PLLC   5010  Flour  Exchange  Building   310  Fourth  Avenue  South   Minneapolis,  MN  55415   (612)  206-­‐3721   info@sportsmanlawyers.com  

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A primer on the often misunderstood issue of entering Canada with prior DWIs. This presentation was given to Canadian lodges and resorts at the 2014 All Canada Show in Chicago. We are told the Canada Border Agents in attendance gave us high marks! Being turned away at the border is embarrassing, frustrating, and costly. Many don’t wish to disclose that they have a prior offense to their employer, and just hope for the best until it’s too late. As such, my corporate colleagues appreciate a confidential contact to whom they can refer their employees beforehand, and assess options before problems at the border. This way the individual can deal with it on their own without having to divulge embarrassing details to supervisors, friends, sponsors, or colleagues. They also appreciate a local attorney who they can meet in person. Having said that, the need is so great my clients stretch the country. Initial consultations are always free, so it doesn't hurt to call. As you can tell I have a passion for Canada and it’s people, having done several fishing trips and my 10th anniversary in Quebec City. Next goal is the Calgary Stampede! Happy to answer any questions, and again thank you for reading! (612) 206-3721 info@sportsmanlawyers.com

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