Entering Canada with US conviction

Thread view:

Enable EMail Alerts

Start New Thread

Thread rating:

duncanville1@earthlink.net - 26 Nov 2006 00:55 GMT

Hello all,
I have a US Felony conviction from 2003 and wish to enter Canada only
temporally to visit friends. Now the felony I have in the US isn't
considered a crime at all in Canada nor is there anything close to it
in Canadian law. Will this give me any issues?

Reply to this Message

Sapphyre - 26 Nov 2006 23:13 GMT

> Hello all,
> I have a US Felony conviction from 2003 and wish to enter Canada only
> temporally to visit friends. Now the felony I have in the US isn't
> considered a crime at all in Canada nor is there anything close to it
> in Canadian law. Will this give me any issues?

Information can be found here about entering Canada with a criminal
conviction:
http://www.cic.gc.ca/english/visit/faq-inadmissibility.html

Based on what's written here, it sounds like you need to do what's
written on the bottom, and fill the form out "for information only".

Without knowing what it is that happened, it's difficult to say if
there's an equivalent offence in Canada.

Depending on how it is you choose to enter, you might just want to try
and come in and see what happens. Air travellers are prescreened, but
if you're going in a car with many people, they don't always check on
every passenger unless they have a reason. I know a Canadian Customs
Officer, and she said that in some cases the benefit of the doubt is
given to the traveller if everything else (except your conviction) is
in check. She also said the most difficulty is given to land travellers
(walking over) and people riding public buses. I'd advise against going
this way. The last bus I was on going into Canada was held up for
almost an hour while they were interviewing an American tourist (who
had a passport, and no convictions). We all just sat there and waited,
because they can't release the bus until everyone gets back on, or
until they deem the passenger inadmissable.

Another option is to call the POE where you intend to enter and ask
them if you're permitted. You won't get a precise answer, because that
often depends on who's interviewing you when you cross. But they can
probably tell you if you're not allowed to enter.

Good luck,
S.

Reply to this Message

duncanville1@earthlink.net - 27 Nov 2006 04:15 GMT

the offense in the US was criminal solication of a minor, when I was 22
i talked dirty to a 14 year old on the internet and got picked up on
that felony charge here in Tx. Per immigration attorney's there is no
offense in Canada because it was no position of trust and it was
consensual.

> > Hello all,
> > I have a US Felony conviction from 2003 and wish to enter Canada only
[quoted text clipped - 33 lines]
> Good luck,
> S.

Reply to this Message

Sapphyre - 27 Nov 2006 13:12 GMT

> the offense in the US was criminal solication of a minor, when I was 22
> i talked dirty to a 14 year old on the internet and got picked up on
> that felony charge here in Tx. Per immigration attorney's there is no
> offense in Canada because it was no position of trust and it was
> consensual.

Yeah, you got a point... 14 is the age of consent in Canada. I heard it
would be changed to 16, but if that happened, I'm not sure what year.
It was made 14 in 1987, and still was 14 when I took intro to legal
studies (in high school) in 1995. I don't know how the "position of
trust" thing works in the criminal code, I'm not familar with all
statutes. As well, from what I've read in the Criminal Code of Canada,
the statutes don't apply to internet conversation (and you can't know
the age of the person you're talking to anyway).

Wow... that charge just blows my mind (as a Canadian). I don't think
that kind of thing would hold up in court, even if we had something
similar.

Okay, the best I can advise was what they put on that website about
"for information only", to find out if it makes you inadmissable. Also,
you should obtain all copies of your court and police records that show
the charge, because proof of the charge is the only way I can see
getting around the conviction.

If I were you, I'd try to make a couple of phone calls and ask, and
explain that you got nailed with something that isn't a crime in
Canada. Tell them what you did, exactly as you wrote it here, you
"talked dirty on the Internet" and the person turned out to be a minor.
You didn't know they were, and got nailed with that charge. They may
tell you it's not a problem, since based on that website, you're only
inadmissable if the crime you commited in the US is also a crime in
Canada.

Best of luck,
S.

Reply to this Message

duncanville1@earthlink.net - 27 Nov 2006 18:04 GMT

Thanks, thats pretty much how my Canadian Attorney saw it but just
wanted a second opinion.! Thanks!

> > the offense in the US was criminal solication of a minor, when I was 22
> > i talked dirty to a 14 year old on the internet and got picked up on
[quoted text clipped - 32 lines]
> Best of luck,
> S.

Reply to this Message

Immigration Forum / Canada / November 2006

Entering Canada with US conviction