TRP Processing Times and other questions.

[Blackvoid]

Hello all!

I was found guilty and was convicted in Feb. of 2016. I was hit with 4 charges but it was all one case. My parole and everything ended Jan. of 2017. I am currently engaged to a Canadian woman (I'm a US citizen), and as you may imagine, my background is making this process somewhat difficult.

I'm in the middle of the pardon process, however with everything going on, there's a chance my pardon may not come through until the end of 2020. I'd like to see my fiance and our family before that, if possible. So, we did some research and found out about the TRP. I mailed my initial application to the LA consulate and they received it 4/21/2020. Unfortunately, however, I paid my fee incorrectly and it was sent back. I paid the correct fee and mailed it back to them -- they should receive it today (4/29/2020).

Questions:

1. I'm finding a ton of information regarding the process times, and almost all of it contradicts itself. A simple Google search will say it can take up to 12 months, but if you check the process times on the official Canadian government website, it says it takes them 10 days to process complete applications. Not only that but my fiance and I found a ton of forums with people saying they received their TRP back within 6-10 business days. Which time-frame is more feasible?

2. With my TRP application, I submitted the checklist I found. No where on it did it say I needed to include a copy of my passport, however on the paperwork the consulate sent me, it does indicate they need a copy of my passport. Is it safe to assume my application is going to be sent back to me again because I didn't include a copy of my passport?

3. If my application is returned to me again, will I need to pay an additional fee, or do I just need to include a copy of my passport with the original receipt?

4. After speaking to a handful of immigration lawyers, they all recommended I apply for a TRP at the port. However, I'm terrified of doing this because I've heard if you get denied they ban you from attempting to re-enter. Is this 100% factual or does it only apply if you lie to them, and/or you act rude/etc.?

5. If I DO apply for a TRP at the port (once the US/Canada border opens again, of course), how high are my odds of being approved if I'm just visiting my fiance? I'm told they mainly approve it at the port for emergency/humanitarian reasons (e.g. business meetings, etc). Would I just be wasting my time applying for a TRP at the port?

I suppose those are all of the questions I have right now. This is awful. I know I made a mistake in the past, I get that, but not being able to be there for my fiance and our family during these rocky times is really having an impact on us. I would sincerely appreciate any and all help.

Thank you.

 

[scylla]

Hello all!

I was found guilty and was convicted in Feb. of 2016. I was hit with 4 charges but it was all one case. My parole and everything ended Jan. of 2017. I am currently engaged to a Canadian woman (I'm a US citizen), and as you may imagine, my background is making this process somewhat difficult.

I'm in the middle of the pardon process, however with everything going on, there's a chance my pardon may not come through until the end of 2020. I'd like to see my fiance and our family before that, if possible. So, we did some research and found out about the TRP. I mailed my initial application to the LA consulate and they received it 4/21/2020. Unfortunately, however, I paid my fee incorrectly and it was sent back. I paid the correct fee and mailed it back to them -- they should receive it today (4/29/2020).

Questions:

1. I'm finding a ton of information regarding the process times, and almost all of it contradicts itself. A simple Google search will say it can take up to 12 months, but if you check the process times on the official Canadian government website, it says it takes them 10 days to process complete applications. Not only that but my fiance and I found a ton of forums with people saying they received their TRP back within 6-10 business days. Which time-frame is more feasible?

2. With my TRP application, I submitted the checklist I found. No where on it did it say I needed to include a copy of my passport, however on the paperwork the consulate sent me, it does indicate they need a copy of my passport. Is it safe to assume my application is going to be sent back to me again because I didn't include a copy of my passport?

3. If my application is returned to me again, will I need to pay an additional fee, or do I just need to include a copy of my passport with the original receipt?

4. After speaking to a handful of immigration lawyers, they all recommended I apply for a TRP at the port. However, I'm terrified of doing this because I've heard if you get denied they ban you from attempting to re-enter. Is this 100% factual or does it only apply if you lie to them, and/or you act rude/etc.?

5. If I DO apply for a TRP at the port (once the US/Canada border opens again, of course), how high are my odds of being approved if I'm just visiting my fiance? I'm told they mainly approve it at the port for emergency/humanitarian reasons (e.g. business meetings, etc). Would I just be wasting my time applying for a TRP at the port?

I suppose those are all of the questions I have right now. This is awful. I know I made a mistake in the past, I get that, but not being able to be there for my fiance and our family during these rocky times is really having an impact on us. I would sincerely appreciate any and all help.

Thank you.

1. I would stay that 2-3 months is probably about average. Some are processed much faster. Some take much much longer. Unfortunately everything is slower right now due to COVID-19 - so I would assume that it will take longer right now than normal

2. Sorry - I don't know.

3. You generally only have to pay the fee again if your application is refused. If it's returned as incomplete, you can generally resubmit without repaying the fee. Hopefully someone else will be able to confirm.

4. Not true. No harm submitting the TRP. See below regarding port of entry applications.

5. You can't apply at the port of entry right now. Right now the border is closed to all but essential traffic due to COVID-19 and they are not processing applications at the border. So not an option at this time.

EDIT: Note that you won't qualify for rehabilitation until 2022. Assuming you're aware that your fiance will not be able to sponsor you for PR until then.

 

[Blackvoid]

1. I would stay that 2-3 months is probably about average. Some are processed much faster. Some take much much longer. Unfortunately everything is slower right now due to COVID-19 - so I would assume that it will take longer right now than normal

2. Sorry - I don't know.

3. You generally only have to pay the fee again if your application is refused. If it's returned as incomplete, you can generally resubmit without repaying the fee. Hopefully someone else will be able to confirm.

4. Not true. No harm submitting the TRP. See below regarding port of entry applications.

5. You can't apply at the port of entry right now. Right now the border is closed to all but essential traffic due to COVID-19 and they are not processing applications at the border. So not an option at this time.

EDIT: Note that you won't qualify for rehabilitation until 2022. Assuming you're aware that your fiance will not be able to sponsor you for PR until then.

I appreciate your response! We've decided that unless my TRP comes back before then, once the border opens, I'll be applying for a TRP at the border. That said, I am genuinely curious to know what my odds of being approved at the border are once applying for it there is an option. It's a 22 hour drive for me to the nearest border, and I'd like to make sure I have a decent chance before making the trip.

Thank you again for your help!

 

[scylla]

I appreciate your response! We've decided that unless my TRP comes back before then, once the border opens, I'll be applying for a TRP at the border. That said, I am genuinely curious to know what my odds of being approved at the border are once applying for it there is an option. It's a 22 hour drive for me to the nearest border, and I'd like to make sure I have a decent chance before making the trip.

Thank you again for your help!

It's honestly really hard to say. It will depend on a number of factors including the nature of the crimes, how the officer assesses your situation, etc.

 

[Blackvoid]

It's honestly really hard to say. It will depend on a number of factors including the nature of the crimes, how the officer assesses your situation, etc.

To be quite honest, I have a sex offense (class 4 felony solicitation charge -- and yes, my fiance knows). I do have to register for 10 years. My fiance and I looked around everywhere, and based on what we've found, it appears my charge is classified as a level 1 offense in Canada (an immigration lawyer looked up the equivalent for me and confirmed it does fall under their lowest charge category). I was in jail for 5 months.

 

[scylla]

To be quite honest, I have a sex offense (class 4 felony solicitation charge -- and yes, my fiance knows). I do have to register for 10 years. My fiance and I looked around everywhere, and based on what we've found, it appears my charge is classified as a level 1 offense in Canada (an immigration lawyer looked up the equivalent for me and confirmed it does fall under their lowest charge category). I was in jail for 5 months.

It's honestly really hard to say. It will ultimately be up to the CBSA officer you speak to at the border. You need to be prepared for the possibility the 22 hour drive might be a waste. Of course the other option is to forget about applying at the POE and apply through the consulate like you're doing and see what the result is.

BTW - I don't believe pardons are recognized for immigration purposes. To the best of my knowledge, you will need to wait out the five years from 2017 before you'll qualify for rehab and before your partner will be able to sponsor you for PR. Something to consider as you're making your future plans. Might make sense for the two of you to live in the U.S. for the first few years.

 

[Blackvoid]

It's honestly really hard to say. It will ultimately be up to the CBSA officer you speak to at the border. You need to be prepared for the possibility the 22 hour drive might be a waste. Of course the other option is to forget about applying at the POE and apply through the consulate like you're doing and see what the result is.

BTW - I don't believe pardons are recognized for immigration purposes. To the best of my knowledge, you will need to wait out the five years from 2017 before you'll qualify for rehab and before your partner will be able to sponsor you for PR. Something to consider as you're making your future plans. Might make sense for the two of you to live in the U.S. for the first few years.

Interesting. I started the pardon process after speaking with a lawyer that said if I'm granted a pardon, regardless of how long it has/hasn't been, I'll be able to enter/exit Canada as much as I want. Well, as I said, since my TRP will more than likely not be back by May 18th, I'll be trying to get in then (or whenever the border reopens).

 

[scylla]

Interesting. I started the pardon process after speaking with a lawyer that said if I'm granted a pardon, regardless of how long it has/hasn't been, I'll be able to enter/exit Canada as much as I want. Well, as I said, since my TRP will more than likely not be back by May 18th, I'll be trying to get in then (or whenever the border reopens).

I know U.S. law doesn't recognize Canadian pardons and I thought the same was true the other way around. But not a lawyer. So could certainly be wrong.

Also see info here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Pardon granted:

• If the offence occurred in Canada, you are not inadmissible if you were pardoned under the Criminal Records Act in Canada.
• If the offence occurred outside Canada, you may be inadmissible.

 

[Blackvoid]

I know U.S. law doesn't recognize Canadian pardons and I thought the same was true the other way around. But not a lawyer. So could certainly be wrong.

Also see info here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

Pardon granted:

• If the offence occurred in Canada, you are not inadmissible if you were pardoned under the Criminal Records Act in Canada.
• If the offence occurred outside Canada, you may be inadmissible.

You are absolutely correct, I apologize. I had my terms mixed up. I'm undergoing the Canadian Entry Waiver process, not the pardon process. I apologize.