So last year I booked honeymoon flights from the US to Europe, connecting though YYC. I didn't realize until last week that Canada's strict inadmissibility standards might prevent me from entering because of a reckless driving conviction, and I'm trying to address the issue with a Temporary Resident Permit.
I know that Canada is reluctant to issue TRPs for leisure travel, but what about for just transit? It's a three-hour layover on my way to a two-week honeymoon in Europe, so the risk of me a) overstaying my welcome in Canada, or b) doing anything in Canada other than get off one plane and get on another, seems minimal.
Specifics of my case:
In 2011, I was arrested on suspicion of driving under the influence. At the time of my arrest I was sitting on the curb next to my parked car (literally sitting there so that I could sober up before driving home!). I was given neither a Breathalyzer nor a field sobriety test, the officer just put her hand on the hood of my car and assumed I'd been driving, and cuffed me immediately. Because the police could show no substantial evidence to support the charge, I was offered a deal to plead to reckless driving instead. I figured, whatever, it's just money, I just want it to go away. (Six years later, surprise! It's not just money!) Anyway, I took the deal, plead to the reduced reckless charge in February 2012, and completed all elements of my sentence that same month.
I have all of the paperwork documenting the completion of my sentence, as well as a record from the court hearing where the police failed to provide evidence for the charge, and the judge ruled in my favor.
So my questions are:
1) Is a TRP for transit even within the realm of possibility?
2) I know Canada often views DUI-reduced-to-reckless the same as a straight-up DUI, but do they take mitigating circumstances such as mine into account? Given that the court found that the police officer "did not have reasonable grounds to believe" that I was driving under the influence, and I have a court document stating exactly that, I'd hope they would consider it.
3) I'm having a REAL hard time finding out exactly what I need to submit to the Los Angeles consulate to apply for a TRP. Is the application package the same as for a full criminal rehabilitation, with all the FBI and state police certificates? Do I need to submit letters of reference as well? I've seen conflicting information on both of these points and want to make sure I have everything I need.
I've assembled the rest of my package, the rehabilitation application, all of the court documents and sentencing proof, and the statements of circumstance and rehabilitation factors.
Which I guess brings me to another question...
4) In my written statements, I tried to balance taking responsibility for the situation and showing remorse on one side, with stressing the documented-in-court-records lack of evidence on the other. Would I be better off simply stressing "I was not even in the car, the court found that there was no evidence to support the allegation, the arrest was improper in the first place?"
Thank you all in advance for your help. I've spent hours on the phone with CIC, CBSA, and the consulate, and nobody can tell me anything about anything, not even "what constitutes a complete application package?"
I know that Canada is reluctant to issue TRPs for leisure travel, but what about for just transit? It's a three-hour layover on my way to a two-week honeymoon in Europe, so the risk of me a) overstaying my welcome in Canada, or b) doing anything in Canada other than get off one plane and get on another, seems minimal.
Specifics of my case:
In 2011, I was arrested on suspicion of driving under the influence. At the time of my arrest I was sitting on the curb next to my parked car (literally sitting there so that I could sober up before driving home!). I was given neither a Breathalyzer nor a field sobriety test, the officer just put her hand on the hood of my car and assumed I'd been driving, and cuffed me immediately. Because the police could show no substantial evidence to support the charge, I was offered a deal to plead to reckless driving instead. I figured, whatever, it's just money, I just want it to go away. (Six years later, surprise! It's not just money!) Anyway, I took the deal, plead to the reduced reckless charge in February 2012, and completed all elements of my sentence that same month.
I have all of the paperwork documenting the completion of my sentence, as well as a record from the court hearing where the police failed to provide evidence for the charge, and the judge ruled in my favor.
So my questions are:
1) Is a TRP for transit even within the realm of possibility?
2) I know Canada often views DUI-reduced-to-reckless the same as a straight-up DUI, but do they take mitigating circumstances such as mine into account? Given that the court found that the police officer "did not have reasonable grounds to believe" that I was driving under the influence, and I have a court document stating exactly that, I'd hope they would consider it.
3) I'm having a REAL hard time finding out exactly what I need to submit to the Los Angeles consulate to apply for a TRP. Is the application package the same as for a full criminal rehabilitation, with all the FBI and state police certificates? Do I need to submit letters of reference as well? I've seen conflicting information on both of these points and want to make sure I have everything I need.
I've assembled the rest of my package, the rehabilitation application, all of the court documents and sentencing proof, and the statements of circumstance and rehabilitation factors.
Which I guess brings me to another question...
4) In my written statements, I tried to balance taking responsibility for the situation and showing remorse on one side, with stressing the documented-in-court-records lack of evidence on the other. Would I be better off simply stressing "I was not even in the car, the court found that there was no evidence to support the allegation, the arrest was improper in the first place?"
Thank you all in advance for your help. I've spent hours on the phone with CIC, CBSA, and the consulate, and nobody can tell me anything about anything, not even "what constitutes a complete application package?"
