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LMO and Criminal Record in USA

piperkanter

Newbie
Jun 27, 2012
1
0
Hello All,

Need Some Advice...

Last year (August) I tried to enter Canada as USA visitor, not knowing the rules against entering Canada with USA criminal record. I was denied entry because of criminal record and the border agent told me that I had one more year before the "five year rule" applied to me. The border agent also told me that if I tried to enter Canada again before the "five year rule" is up, I may be detained and arrested by Canada. The Canadian Border Agent then turned me back to the USA border crossing.

I recently have been offered a very good job in Canada and need to start working within the next 3 weeks. I have recieved my signed contract of employment from the Canadian company. I have also recieved my signed and approve LMO from both the Candian company and from Service Canada.

QUESTIONS:

1.) Does the LMO provide any over-riding power to allow me to enter Canada before the criminal record "five year rule" is up???

2.) I have also read that it is possible to getting "Deemed Rehabilitaded" at the border crossing by Canadian border crossing agent, is this true????

3.) Is a "TRP" Temperary Resident Permit a possible option for me and can I recieve this at a ground border crossing???

4.) Can a "TRP" be given for multiple months and for multipy exit and entry at the ground border crossing, while I apply for Rehabilitation???

Please advise and Respond

Thank You
 

scylla

VIP Member
Jun 8, 2010
93,148
20,639
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1) No - an LMO definitely does not override the five year rule.
2) The immigration/border official does not make the deemed rehabilitated decision on a whim. There are rules. Have five years passed since you completed the sentence/probation imposed for your crime? If yes - then you may qualify for deemed rehabilitation. If five years haven't passed, then you don't qualify yet and have to wait and shouldn't try entering Canada until you hit the five year mark.
3) You have to apply for a TRP - they are not issued at the border. To the best of my knowledge they are only issued for exceptional cases/circumstances (e.g family illness). A job offer does not qualify as an exceptional circumstance.
4) I believe they are issued for a one time entry but hopefully someone else can confirm.