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U.S citizen Accepted to University, applying for visa but have criminal record..any chance to overcome?

L

LiaraTsai

Newbie
Jan 23, 2021
3
0
Hello everyone,

I am a 32 year old U.S. military veteran who’s been trying to sort their life out since leaving the Air Force. I recently decided that the best path forward for me after many years of trying other routes was to go back to school and get a useable degree.

I applied and was accepted to Carleton University in Ottawa, however as I am gathering all the requirements for my Visa application, I was made aware that my ticket back in Wisconsin from March of 2018 for Operating a Motor Vehicle While Impaired (I had a BAC of .087) makes me ineligible for entry at all to Canada.

I am aware of the Temporary Residence Permit, but am not sure if I would be approved as it seems everything I read is essentially people saying it doesn’t happen for students, and that with my arrest I will be denied my Visa.

School starts in May, with registration on March, so should I give up, call the admissions office, and withdrawal my acceptance to the program, or is there anything I can do to allow me entry?

I understand that this is a serious offense in Canada ((and should be, it’s reckless and endangering to innocent people and ruins lives)) and am not looking to hide or downplay what happened, I know I messed up, but I’m trying to move forward with my life now...
 
LiaraTsai said:
Hello everyone,

I am a 32 year old U.S. military veteran who’s been trying to sort their life out since leaving the Air Force. I recently decided that the best path forward for me after many years of trying other routes was to go back to school and get a useable degree.

I applied and was accepted to Carleton University in Ottawa, however as I am gathering all the requirements for my Visa application, I was made aware that my ticket back in Wisconsin from March of 2018 for Operating a Motor Vehicle While Impaired (I had a BAC of .087) makes me ineligible for entry at all to Canada.

I am aware of the Temporary Residence Permit, but am not sure if I would be approved as it seems everything I read is essentially people saying it doesn’t happen for students, and that with my arrest I will be denied my Visa.

School starts in May, with registration on March, so should I give up, call the admissions office, and withdrawal my acceptance to the program, or is there anything I can do to allow me entry?

I understand that this is a serious offense in Canada ((and should be, it’s reckless and endangering to innocent people and ruins lives)) and am not looking to hide or downplay what happened, I know I messed up, but I’m trying to move forward with my life now...
Click to expand...

You're currently inadmissible to Canada due to the DUI so a TRP is your only option right now for trying to get approval to enter the country. A TRP does not however allow you to study. So you would need to try for the TRP first, hope that's approved, and then go for the study permit at the border. Hard to say if a TRP would be approved in your case and processing times for TRPs are quite long right now (I would plan on 6-8 months).

You will need to apply for rehabilitation to remove the inadmissibility. However you won't qualify to apply for rehab until five years have passed from the date you completed any probation / paid any fine related to your conviction.

So short answer is that you need a TRP and you can certainly apply. I think you'll be waiting longer than May for an answer.
 
scylla said:
So short answer is that you need a TRP and you can certainly apply. I think you'll be waiting longer than May for an answer.
Click to expand...

I live in Upstate New York so the border is only a quick 3 hour drive, would it be best if I drove up with all the documentation and applied there instead of with the consulate ((which has considerable wait times))?
 
LiaraTsai said:
I live in Upstate New York so the border is only a quick 3 hour drive, would it be best if I drove up with all the documentation and applied there instead of with the consulate ((which has considerable wait times))?
Click to expand...

You can try. I don't know if they are processing TRPs at the border right now. (A number of services at the port of entry have been suspended due to COVID). But you can have a go. No harm trying if you don't mind the drive.
 
LiaraTsai said:
I live in Upstate New York so the border is only a quick 3 hour drive, would it be best if I drove up with all the documentation and applied there instead of with the consulate ((which has considerable wait times))?
Click to expand...

Hi - TRPs are a "black science," so to speak and the discretion to issue them is broad. In a nutshell. a lower level immigration officer usually collects the factors and makes a recommendation to a more senior decision-maker who makes the call.

There has to be a compelling reason and you'd need to synthesize a proposal as to why you'd need to be in Canada to study, as opposed to the states.

You can read the official material here: https://www.canada.ca/en/immigratio...residents/permits/eligibility-assessment.html

A trip to the border wouldn't be unreasonable to try and ascertain your chances. You don't mention any recidivism, you take responsibility and regret your earlier poor judgment, and these are positive factors. In my own experience, which is not recent, you can find considerable sympathy for a single act such as this DUI. However, it's discretionary so maybe appear after they've had their lunch when their blood is in their bellies and not in their heads.

Offering an otherwise dutiful life and demonstrating responsibility and remorse carries weight with decision-makers.

Good luck
 
Has anyone here successfully been granted a TRP before a Study Permit, and if so, would you be comfortable sharing your process and what all you submitted?
 
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