I am a US Permanent Resident for 2O years in one of the New England States bordering Canada. Now, I got a fiancé in Toronto who is a Canadian citizen and wants me to visit so we can get married. We are both in our 40. The problem is that I have three misdemeanors: criminal trespass (I refused to leave a public library after I protested on how I had been treated by an employee) and two DUIs. My Green Card has expired and needs to be renewed. However, under the Trump administration, any misdemeanor is ground for deportation. I heard on National Public Radio of people with a single DUI being deported. I am a citizen of Tanzania. What is the best way of getting a visa to visit my fiance in Toronto. We intend to marry.
Permanent resident with misdemeanors
- Thread starter Marubi
- Start date
Others can comment but assume you have read up on the DUIs possibly making you inadmissable to Canada depends how long ago the charges occurred and whether rehabilitation process is applicable.
Cannot comment on the library incident but does not sound that serious but thats just my view and depends what the equivalent charge is in Canada. The DUIs on the other hand will probably be challenging but again this is all speculation and a personal view not a qualified at all legal view on my part.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=152&top=8
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=143&top=8
Details on rehabilitation process for people otherwise deemed inadmissable
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html
Here is the US view on the Canada policy
https://help.cbp.gov/app/answers/detail/a_id/402/~/entering-the-u.s.-and-canada-with-dui-offenses
Cannot comment on the library incident but does not sound that serious but thats just my view and depends what the equivalent charge is in Canada. The DUIs on the other hand will probably be challenging but again this is all speculation and a personal view not a qualified at all legal view on my part.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=152&top=8
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=143&top=8
Details on rehabilitation process for people otherwise deemed inadmissable
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html
Here is the US view on the Canada policy
https://help.cbp.gov/app/answers/detail/a_id/402/~/entering-the-u.s.-and-canada-with-dui-offenses
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Agreed with the above. We'll need to know the dates of each of your three misdemeanors (month & year they happened) and what penalty / punishment you were given for each and when exactly these were completed. It's possible you may be inadmissible to Canada at this time and have to go through the rehabilitation process before you can enter.
What was the sentence in the June 2015 DUI?
I'm not sure about the trespass one, but due to the latest DUI you are inadmissible to Canada until at least June 2020, or 5 years from the completion of any sentence/license suspension that resulted. After 5 years, you can only then apply for rehabilitation.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=159&top=8
This means your partner can't sponsor you for PR until after 2020 as well.
You may find problems just attempting to visit Canada as well. Without a valid US green card you'll need to apply for a TRV to visit Canada. This will almost certainly be rejected due to the convictions. You would not be able to enter Canada via a land border as US green card holder, unless your green card was renewed and valid. And even if you did have a valid green card, the convictions again could cause CBSA to deny you entry.
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Yeah - agreed with the above. You're inadmissible and will need to apply for rehabilitation to be able to enter Canada. However the earliest possible date you will qualify to apply for rehabilitation is 2020 (possibly later). So Canada isn't an option for you for at least the next two years. You'll need to make other plans.