On the Ask Canada Immigration Lawyer Evelyn Ackah podcast, host Evelyn Ackah is doing a solo deep dive into the world of criminal inadmissibility. In this episode, Evelyn dives into the complexities of criminal inadmissibility when crossing borders into Canada and the U.S. She covers everything you need to know about Temporary Resident Permits (TRP) for Canada, Criminal Rehabilitation, and U.S. Visa Waivers. Whether you or a loved one have a past conviction or you’re an immigration professional seeking to better understand these options, this episode breaks down each process. Join Evelyn as she discusses how to overcome criminal inadmissibility and how to navigate these legal pathways to ensure a smooth border-crossing experience. The podcast concludes with XXX.
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Here are the key points from Evelyn Ackah’s podcast:
- Background:
- Evelyn Ackah introduces what criminal inadmissibility is; it applies to people who are not allowed to enter or stay in Canada or the United States because they have committed or been convicted of a crime.
- She shares an example of criminal inadmissibility.
- Implications of Crminal Inadmissibility:
- She shares how criminal inadmissibility stops are becoming more frequent as government entities share information electronically.
- Criminal inadmissibility really affects your ability to work if you are required to travel cross-border, such as business meetings or attending conferences or trade conventions. It also affects your personal life if you are trying to travel for family trips, family reunions, or anything like that.
- Evelyn discusses the types of crimes that may cause immigration issues that will lead to denial
- Canadian Temporary Resident Permits:
- Evelyn shares how important applying for a TRP, even if you are a US citizen.
- The TRP process takes anywhere from three to six months for the Canadian consulate to make a decision as to the risk and and the benefits of letting you enter Canada.
- In terms of how to apply for a temporary resident permit, we always recommend working with a professional; please hire a lawyer who’s licensed, with good reviews, and has a good reputation. If you have criminality, your ETA will be refused, and then you will have to determine what you want to do next after that.
- Temporary resident permits are usually issued for brief durations of time, anywhere from one-time entry for 30 days, if you’re coming for one specific thing like a conference, up to maybe getting a year or two even, if there’s a reason to show you need to keep coming into Canada.
- Evelyn shares that if you are convicted of a crime outside of Canada, then you need to figure out if you qualify for criminal rehabilitation.
- She shares about this option and how it is available to overcome your criminal inadmissibility depending on when and where crime was committed and the severity of the crime.
- She shared the types of criminal rehabilitation and discussed the differences between the types, such as deemed rehabilitation.
- Evelyn shares that if you have any previous criminality before you travel to the US, you need to apply for and obtain a US Entry Waiver from the Department of Homeland Security; this waiver allows citizens with a criminal conviction or other issues that are visa exempt to apply for ent entry special entry.
- She shares just how extensive the paperwork is for a US visa waiver. The paperwork includes proof of citizenship, fingerprints, biometric or biographic information forms, police records, court documents, character reference letters, rehabilitation documents, personal statements, and a lot of information to be able to get you that approval.
- Evelyn explains how important it is to work with a legal professional on this paperwork because if one thing is missed, the visa waiver will come back refused; plus the processing time is anywhere from three to eight months to get a US visa waiver.
- Practical Pointers for Crossing the Border:
- Evelyn shares that you should always hire a legal professional if you have any criminality on your record, so that you do not receive a refusal.
- She shares that if you do plan to apply for anything related to criminal inadmissibility, it takes time. A TRP or a US Visa Waiver, to apply early as the processes can take anywhere from three to eight months and Criminal Rehabilitation can take up to two years.
- You need to watch out for ineligibility due to criminal convictions or prior refusals. Sometimes people don’t even have a criminal record, but they had a problem at the border and they were determined to be inadmissible.
About Calgary Immigration Lawyer 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 (587) 854‑3821 or email Evelyn directly at contact@ackahlaw.com.
The Ask Canada Immigration Lawyer Evelyn Ackah podcast, hosted by Calgary Immigration Lawyer Evelyn Ackah, was named the #1 Best Canada Immigration Podcast in 2023 by Feedspot.