Temporary Resident Permit

[dxg1739]

Hello,

I am a Legal Permanent Resident (GC holder) of USA but staying outside of USA since September 2014 on a 2 year valid/active re-entry permit. I am required to travel to Canada, from my home country, on a 6 weeks business trip (for my employer in my home country).

Here is my case details for which I need expert advise from you related to entry to Canada -

In September 2013 in USA, I was convicted (plead guilty) of two counts of Assault in the Third Degree, a Class A misdemeanor. My sentence consisted of two years of unsupervised probation, a 364 day suspended jail term, and payment of fines and expenses (WHICH IS ALL SUCCESSFULLY COMPLETED IN SEPTEMBER 2015 AND SENTENCE IS CLEAR AS OF TODAY).

Upon detailed review of the relevant records, statutes, and case law by the top notch immigration attorney from USA (Murthy Law Firm, The Law Office of Sheela Murthy, USA), it is attorney's opinion that I am NOT inadmissible to the United States as a result of above criminal charges as attorney does not believe that my conviction for Assault in the Third Degree constitutes a Crime Involving Moral Turpitude (CIMT) because the information specifically states that I was convicted of "recklessly" causing physical injury, but the statute does not contain the element of "infliction of serious bodily injury". Therefore, this statute, and my conviction, do not meet the long established standards promulgated by the Board of Immigration Appeals for CIMT findings in the context of "assaultive" crimes - the Board has explicitly stated that, where a conviction for an assault crimes may be obtained based upon "reckless" conduct, that state of mind must be coupled with the element of "infliction of serious bodily injury" to support a CIMT finding.

Need your expert advise as to what are my options and what am I required to do if I need to travel to and enter into Canada in few weeks? Also want to understand my chances of approval i.e. entry into Canada? Can you please assist and suggest ASAP as I need to travel in few weeks?

Can I get TRP approved in advance and then travel after few weeks? Does TRP have to have itinerary start date and end date? What if my travel date is not confirmed, can I not apply for TRP?

Please advise.

Thanks!

 

[scylla]

You're inadmissible to Canada. It doesn't matter that it's not a CIMT. Something as simple as a DUI would make you inadmissible to Canada. You will need to apply for rehabilitation to remove the inadmissibility. However you won't qualify to apply for rehabilitation until September 2020 (5 years from the date you complete your probation).

If you want to enter Canada now, you need a TRP. Yes - you can certainly apply for a TRP in advance (impossible for any of us to say if it will be approved and how long processing will take). If your travel dates aren't confirmed, you can indicate that you have a need to travel to Canada on business in the very near future although your specific travel dates haven't been finalized yet.

 

[dxg1739]

Thanks!

Should I apply TRP on my own OR do you advice to go thru immigration attorney? I know finally it is up to the officer/respective department to approve or reject my TRP, however if applying thru an immigration attorney can make things little better (I mean if attorney is able to put the package differently which can assure the approval)? Please recommend.

Another question is, what are other options if TRP gets rejected?

 

[dxg1739]

Can someone please reply to above queries?

 

[scylla]

Thanks!

Should I apply TRP on my own OR do you advice to go thru immigration attorney? I know finally it is up to the officer/respective department to approve or reject my TRP, however if applying thru an immigration attorney can make things little better (I mean if attorney is able to put the package differently which can assure the approval)? Please recommend.

Another question is, what are other options if TRP gets rejected?

It's your choice if you use a lawyer or not. A lawyer certainly cannot assure approval. All they can do is help you with the paperwork - it's still the exact same application and no preference is given to applications submitted through lawyers.

 

[dxg1739]

I want to keep my employer away from this. Can my employer ever be contacted during the TRP process?

Please advise.

 

[mikeyvex81]

Hope this helps.?

Saw this on a forum. 'm from the UK so I obviously used the UK address. Yours will be online somewhere. I can't post links so just google for it

Application for Temporary Resident Permit (TRP)

follow these instructions/Include all these things in your packet to send to the Canadian Consulate:
1. Download/print/fill out the form IMM 1444 (application for criminal rehabilitation) "www cic gc
ca/english/pdf/kits/forms/IMM1444E.pdf"
2. Check the "FOR INFORMATION ONLY" box (sec A part 2)
3. On top of the first page of the form just write on it "TRP"
4. Photocopy of your Passport/Birth Cert/Drivers Lic, (really only need passport)
5. Compelling letter written by you or someone who can write a nicely worded proper letter. This
letter must explain why you are not admissible, the details of your arrest/conviction, your
explanation for why you not a threat to society, your good reason for coming to Canada, and the
time/dates you'll be there.
6. Copies of Any paperwork related to your conviction/sentence/fees paid/court docs/rehab
completed/... basically official court docs showing what/when you were convicted of and the
sentence imposed and anything that says you completed sentence/rehab.
7. Copy of your itinerary with your Canadian trip. This can be a print out of your schedule, what
hotels your staying at, your airline ticket info, addresses of where you'll be staying, where you'll be
crossing the border etc... as much info as you can give.
8. between 1 and 3 character references. Write a nice letter saying what normal responsible
individual you are and have a boss or co worker or friend sign it. Look up character reference letter.
They ask for 3 letters, I gave 1 letter and 2 references the could contact.(they did not)
9. PAY THE FEE! It cost $200 Canadian dollars to process this. The fee can be paid online and then
you print out a receipt. You must provide the internet receipt with a bar code on it. The most
common reason for returned form is incorrect fees. "www cic gc
ca/english/information/fees/index.asp"
10. Copy of the Canadian law you broke - look it up online and print it out, it will help your agent
process your paperwork.
I asked them to make my TRP good for all year but they only made it valid for the time I showed on
my itineraries, so unless you have proof of your travels for all year they may only make it good for
the duration you can account for.
I have gotten a TRP at the border before but it takes hours, and the border agents always say i
should have taken care of it before hand. Generally you can get one at the border, I think they will
turn you away only if you're a jerk or a really violent criminal.
From the time they received my packet at the consulate to when I got the email from them saying it
was approved was 6 business days. I was very surprised by how fast the response was. The
agents told me the average process time is 10 business days.
You can also include a return envelope in the packet so they can return correspondence to you
quickly with no email. I included a pre paid express envelope with tracking, but they just emailed me
the letter... waste of envelope

Put all this in a big envelope and send it to the Canadian Consulate: Immigration section.