TRP (or similar) at border?

[steadyon]

Hi all, I'm an Australian who has been living in the USA since 2014. I arrived on a student work/travel visa & moved to a full-time working visa.

I'm getting married in December 2017 in Australia & booked my flights from NYC to Sydney on Air Canada. Only after booking the ticket did Air Canada inform me that I need a Canadian visa (or visa waiver) even for a <2 hour airport transit?!?!

I applied for a Canadian eTA and was eventually denied due to a DUI in Australia in February 2006 (court case was September 2006). My penalty from the DUI was an 18 month loss of license & a 4 year good behaviour bond. I've had no other legal troubles.

Before being denied the eTA I was asked to provide more info, which I did. This included a background check from the Australian Federal Police showing that I have no criminal history (in Australia certain crimes are removed after 10 years - so this DUI is now expunged from my record & in Australia I can lawfully say I have no criminal record). As I understand it for Canada, I need 10 years to pass from the end of my sentence (which would be around September 2020) for automatic 'rehabilitation'. (apologies if I'm not using the exact Canadian terms, but you know what I mean)

I can't apply for a normal TRP for this trip as there isn't enough time to get the FBI check & TRP application assessed before December 2017. As I'm not a U.S. citizen, I need an old school FBI check which includes sending in ink finger prints. This can take around 6 months.

I'm now thinking my only chance is to apply for a TRP or similar at the border which I've heard of others doing. I read some info on this a while ago but now I can no longer find it. I've tried so many different ways to get in contact with a Canadian immigration officer, but as you all know I have a better chance of becoming the U.S. President.

Note: I am no longer on my previous USA work visa as I am transitioning to a green card. I do have a work authorization & advanced travel card. This info isn't super relevant but I thought I'd add it in case.

Can anyone shed any light on this? My main query is:

• Can I drive to a land border crossing & apply for a TRP or something similar that would let me transit at the airport in December?
• If so, are there any particular documents I should bring (I'm planning to take my court/police records & any USA immigration records)
• Will I need to bring an FBI fingerprint check (this would mean I automatically can't do it due to the time constraint)

THANK YOU!!!

 

[PMM]

Hi

Hi all, I'm an Australian who has been living in the USA since 2014. I arrived on a student work/travel visa & moved to a full-time working visa.

I'm getting married in December 2017 in Australia & booked my flights from NYC to Sydney on Air Canada. Only after booking the ticket did Air Canada inform me that I need a Canadian visa (or visa waiver) even for a <2 hour airport transit?!?!

I applied for a Canadian eTA and was eventually denied due to a DUI in Australia in February 2006 (court case was September 2006). My penalty from the DUI was an 18 month loss of license & a 4 year good behaviour bond. I've had no other legal troubles.

Before being denied the eTA I was asked to provide more info, which I did. This included a background check from the Australian Federal Police showing that I have no criminal history (in Australia certain crimes are removed after 10 years - so this DUI is now expunged from my record & in Australia I can lawfully say I have no criminal record). As I understand it for Canada, I need 10 years to pass from the end of my sentence (which would be around September 2020) for automatic 'rehabilitation'. (apologies if I'm not using the exact Canadian terms, but you know what I mean)

I can't apply for a normal TRP for this trip as there isn't enough time to get the FBI check & TRP application assessed before December 2017. As I'm not a U.S. citizen, I need an old school FBI check which includes sending in ink finger prints. This can take around 6 months.

I'm now thinking my only chance is to apply for a TRP or similar at the border which I've heard of others doing. I read some info on this a while ago but now I can no longer find it. I've tried so many different ways to get in contact with a Canadian immigration officer, but as you all know I have a better chance of becoming the U.S. President.

Note: I am no longer on my previous USA work visa as I am transitioning to a green card. I do have a work authorization & advanced travel card. This info isn't super relevant but I thought I'd add it in case.

Can anyone shed any light on this? My main query is:

• Can I drive to a land border crossing & apply for a TRP or something similar that would let me transit at the airport in December?
• If so, are there any particular documents I should bring (I'm planning to take my court/police records & any USA immigration records)
• Will I need to bring an FBI fingerprint check (this would mean I automatically can't do it due to the time constraint)

THANK YOU!!!

1. Your plan won't work, by trying to get a TRP at the Border prior to your trip. The TRP issued at the border is for a 1 time entry, and you are expected to apply for rehabilitation for further entries. http://www.cic.gc.ca/english/information/inadmissibility/permits.asp and http://www.cic.gc.ca/english/resources/tools/temp/permits/index.asp
2, Probably should consider changing your flight.

 

[steadyon]

Hi




1. Your plan won't work, by trying to get a TRP at the Border prior to your trip. The TRP issued at the border is for a 1 time entry, and you are expected to apply for rehabilitation for further entries. http://www.cic.gc.ca/english/information/inadmissibility/permits.asp and http://www.cic.gc.ca/english/resources/tools/temp/permits/index.asp
2, Probably should consider changing your flight.

Thanks for the reply! Perhaps I mean 'deem rehabilitated' or multiple use TRP? Since the incident was >10 years ago, can I apply for 'deemed rehabilitated' or multiple use TRP at the border? There's so much terminology & requirements I get mixed up... maybe I'm wrong here also..? Is there anything at all at the border that I can apply for that will allow future entry? Considering the offense was >10 years ago?

I recall reading several stories of people managing to get cleared at the border for future visits for old (+10 years) DUIs. I may be mistaken. I can't find the darn websites that I recall reading the info from several months ago.

 

[scylla]

You'll need to apply for rehabilitation. Processing for rehabilitation applications tends to be quite slow and it's quite possible you won't be approved in time for your flight. I agree with PMM's recommendation - seriously consider change your flight.

FYI - the 10 years is applied from the date you complete all sentences / penalties related to the charge. Not 10 years from the date of he incident. So your 10 years will end sometime in 2020.

 

[steadyon]

You'll need to apply for rehabilitation. Processing for rehabilitation applications tends to be quite slow and it's quite possible you won't be approved in time for your flight. I agree with PMM's recommendation - seriously consider change your flight.

FYI - the 10 years is applied from the date you complete all sentences / penalties related to the charge. Not 10 years from the date of he incident. So your 10 years will end sometime in 2020.

Hi, thanks for you input! The more I look into this the more your advice seems to be the only way to move forward.

With flight T&Cs these days I can't get a refund, perhaps a flight credit is an option - so I can buy a new flight not transiting through Canada & then apply for rehabilitation to use the flight next year if this mess gets sorted out.

At this point I really don't want to visit or spend any $ in Canada as this whole thing has left a very bad taste in my mouth. Australia doesn't have these harsh requirements towards Canadians. I get that I have a DUI from 11+ years ago & it was my (very misguided) mistake, but this is a 2 hour layover, I'm not even clearing immigration! It's all very frustrating. /rant