Any customs officers out there?? HELP!!

[Shopinpat]

Any help is greatly appreciated as I have spent the greater part of the last two days trying to get answers from Canadian embassy's, immigration services, customs etc.etc

We have booked a cruise to Alaska and we are catching the ship in yvr,

however one of the gentleman in our group had a DUI twenty yrs ago and was never convicted just charged. He had gone to Canada about 10 years ago fishing and they ended up charging him 600. to enter the country.

Now I am just trying to find out if this is still an issue. All I keep getting is

pre recorded messages or someone telling me to have him apply for a Deemed Rehabilitation to the tune of $500 -$1000 to see if there is a issue with him coming into the country. Or it is up to the immigration officer.

Am I losing my mind or is this standard operating proceedure?

Does anyone have any suggestions or is there some real person I can talk to about this? No one really seems to want to give me any answers.

Any Help greatly appreciated!! I am at wits end.

Thanks

Pat

[Urban trekker]

Yesterday was Canada Day and all government offices would have been closed and many businesses also closed on Monday so perhaps you should try calling today - you also don't say where you are from so it is harder for us to direct you to a Canadian consular office.

 

No the policy has not changed - if anything it has been tightened since 9/11 - even George Bush as well as Martha Stewart had to get permission to enter as they both have criminal records.

 

If you are an American have you thought about contacting your congressman - they may have dealt with this problem and know which buttons to push.

 

Canadians face an even tougher job entering the US with a criminal record - so this is not a new problem.

 

Hope this helps

 

Cheers

 

Dennis

[Shopinpat]

Hi Dennis,

Thanks for responding. I did find out it was a holiday yesterday and

have tried today also.

Yes I know security is tight however it is my understanding that it is for

convictions not for arrests.

You can enter the US with DUI convictions is my understanding.

I am talking strictly about an arrest.

Anyway it appears that you can not talk to a real person in any canadian embassy. This info I rec'd from canadian embassy in Chicago.

thanks for the tip on congressman I will try that and see where I get.

Sure wish I would have booked us around going into Canada!

[Acey]

By Olga Sattarova

 

 

If you are planning to travel to Canada in the near future and your criminal record is less than flawless, you should be prepared to answer questions at the border. In the aftermath of 9/11, Canadian border officials have become stringent about whom they let cross the border. Before 9/11, individuals entering Canada from the United States only needed to show either a U.S. Passport or other proof of U.S. citizenship. Now people crossing the border are subject to criminal background checks.

 

If you have a trial under way, or there is a warrant for your arrest, or you have charges pending against you, you are considered criminally inadmissible. If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you prohibited from. Further action is required to find out whether you will be allowed entrance.

 

The process for determining your admissibility is long and cumbersome, so leave yourself plenty of time prior to traveling. Below is a short outline that will help you take the steps needed to gain entrance.

Clearing Your Record for Purposes of Entering Canada

 

The first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The Canadian government has entered into and information sharing agreement with the United States; so whatever the Canadian government will have whatever information the United States has. The options for clearing your record vary greatly by state. Almost all states allow you to

seal the record of arrests that did not lead to convictions. Many states also allow you to seal, vacate, set-aside or expunge the record of misdemeanor and felony criminal convictions. The benefit of this will range from keeping Canadian officials from knowing anything at all about the criminal incident to showing that the matter was resolved and no longer considered a conviction— either way, record clearing will improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

 

Deemed Rehabilitation - For Purposes of Crossing the Canadian Border

 

If you have (1) a total of one, misdemeanor conviction; (2) at least five and as many as ten years have elapsed since you completed the sentences for the conviction; and (3) the conviction would not be considered a serious crime in Canada, then you are eligible to apply for “deemed rehabilitation.” In evaluating each case, Canada officials use Canadian definitions of what constitutes a misdemeanor or a serious offense. In Canada, serious offenses include theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol. For a complete list of criminal offenses in Canada, consult the Canadian Criminal Code at http://laws.justice.gc.ca/en/C-46/. Most felony convictions in the United States are equivalent to serious criminality in Canada.

 

 

Deemed rehabilitation is determined at Canadian ports of entry. You are not required to submit an application to be deemed rehabilitated and further, there is no fee for deemed rehabilitation. Should you choose to apply, you must bring with you: (1) United States passport or birth certificate, (2) a copy of court documents for each conviction, and proof that all sentences were completed, (3) a recent FBI identification record, (4) recent police certificates from the state where the conviction(s) occurred, and from any state where a person has lived for six months or longer in the last 10 years. You will be deemed rehabilitated automatically if at least ten years have passed since you completed the sentence imposed upon you.

 

Be aware that requesting rehabilitation does not guarantee that the request will be approved. Thus, prior to arriving at the port of entry, you are strongly advised to contact a Canadian visa office to see if you qualify. The following is a link to a list of Canadian visa offices: http://www.cic.gc.ca/english/information/offices/missions.asp.

Individual Rehabilitation for Purposes of Entering Canada

 

If more than 5 years have elapsed since all sentences related to the conviction(s) were completed, but you are not eligible for rehabilitation at a port of entry because of the nature or number of convictions, you may apply for rehabilitation through a Canadian Consulate in the United States. Five Canadian Consulate in the U.S. process criminal applications: Buffalo, New York, Detroit, Los Angeles, and Seattle.

 

If you have (1) a total of two or less misdemeanor convictions; (2) at least five years and as many as ten years have elapsed since you completed the sentences for the convictions; and (3) the convictions were not considered serious criminal offenses in Canada, then you are eligible to apply for “individual rehabilitation.” Contrary to “deemed rehabilitation,” this process should be completed prior to traveling. Be advised that an application for rehabilitation may take as long as one year to process.

 

Individual rehabilitation is process by which you prove to the Canadian authorities that despite your past convictions, you are unlikely to be involved in further criminal activity and lead a stable life. Requests for criminal rehabilitation can be made by completing an “Application for Criminal Rehabilitation” form. This form is found at the following link: http://www.cic.gc.ca/english/pdf/kits/forms/IMM1444E.PDF. The application fee may range from $200.00 to $1000.00 (Canadian) depending on the degree and seriousness of the criminal conviction(s). The fee is non-refundable, regardless of the outcome of the application. You will also need to provide: (1) pages from your passport showing your name, date of birth, and county of birth (or if you are a U.S. Citizen, a copy of your driver license and a birth certificate); (2) each court judgment made against you; and (3) any additional documents relating to the imposed sentence, parole, probation or pardon.

 

You may elect someone represent you the rehabilitation process. A representative is someone who has your permission to conduct business on your behalf with Citizenship and Immigration Canada (CIC) and Canada Border Services Agency (CBSA). You may have one representative only. If you chose to have someone representing you, you will be required to complete an additional application. This application is found under “Use of a Representative” at the following link: http://www.cic.gc.ca/english/information/applications/rehabil.asp.

 

If you chose not to complete the application prior to arriving at the port of entry (airport, marine, or land), be advised that an Officer has absolute discretion to deny entrance and ask you to return immediately to your country of departure.

[Urban trekker]

'You can enter the US with DUI convictions is my understanding' - then some one tell the US border officers at the Peace Arch border crossing - a friend of mine's brother in law who was crossing for years without hassle was refused entry a year ago because of a DUI that goes back over 20 years - the list of names being entered into the data base is ever growing - baby boomers who got caught smoking pot during a 60's protest are now finding out after years of travel to the US that they are go longer allowed into the country and this after having the offense pardoned in Canada.

 

Thanks to Acey for the excellent article explaining what needs to be done.

 

The office in Buffalo might be a good one since it is closest to the border and probably handles a fair share of this concerns.

 

Cheers

 

Dennis

[Shopinpat]

thanks Acey,

As the charge did not end in a conviction I assume that it is the same as a conviction. As it has been well over ten years and there was no findings I will have him bring all paperwork.

Thanks for the explanation you did it better than any person I have spoken to in 2 days!!!!

As for calling any canadian consulate good luck no person answers most phones and if they do they will not give you any info.

Thanks for your detailed explanation.

[Shopinpat]

Urban Trecker,

Per the web site for the Border patrol in the US DUI's are no longer

considered grounds for not being let in per their web site. Not sure if that is new or not. I read that yesterday.

[Urban trekker]

"Per the web site for the Border patrol in the US DUI's are no longer

considered grounds for not being let in per their web site. Not sure if that is new or not. I read that yesterday.'

 

Thanks for this - I will have another friend who falls in this category and who has been reluctant to travel to the US check this out.

 

Cheers

 

Dennis

[Putterdude]

Everything that I have read on the topic is that if the event occured more than 10 years ago and you can demonstrate that you are rehabilitated you will be permited access into Canada. By the way, that is not true in reverse for Canadians trying to enter the US. The other way around this is to fly into Vancouver the day of sailing and use the US Direct Program that takes you from the airport to the ship in an "in bond" kind of situation and you are deemed never to have set foot in Canada. The thing that is troubling me a here is the fact that he was charged but never convicted so in the eyes of any law that I know.....he is innocent! However dispite all of this I would still be trying to contact the Canadian Embassy and failing that bring all the paperwork in the event it comes up but I would give it a high degree of probability that it won't be an issue.

http://www.portvancouver.com/vanAlaCruise/content/infoPassengers/usDirect.html

[c-to-sea]

While this may sound like petty semantics, I should point out that what you

are dealing with is an IMMIGRATION issue, not a Customs issue. The difference -

Immigration Officers deal with who is admissable, Customs Officers deal

with what is admissable. At border crossings, you may first deal with someone

from either branch who can deal with both aspects of straighforward cases.

However, anything out of the ordinary would result in having to deal with

the appropriate official for that issue.

In trying to get information about admissability, it will always help if your

questions specify that you are seeking Immigration information.

[Shopinpat]

Putterdude,

You are correct that if you have not been found guilty it should not be a problem however if something has gotten on you criminal history as a arrest with no disposition it may be held against you.

The key is how do you demonstrate that you have been rehabilitated.

Granted this gentleman has never been arrested for anything else nor does he have a record or has ever been convicted of anything but

from the info I have been getting is basically it is up to the officer at the place of entry which will be the airport.

We were going in a few days early I thought to enjoy Vancouver! Ha

I will let everyone know how this plays out.

Thanks all.

[Shopinpat]

ctosee,

I did speak to a immigrations officer in Seattle that is from Canada and she claims it is not her area I would have to talk to whoever is at the

airport at the time of entry. So whomever that may be I am going to tell

this gentleman to have all the paperwork with him how the case was dismissed and we will have to see what happens.

[Putterdude]

Try to relax, I have a very strong suspicion that it won't even come up. The general line of questioning is:

Where is home?

How long are you going to be in Canada?

What are you doing in Canada?

Are you bringing into alcohol or tobacco products into to Canada and how much?

and maybe which ship are you sailing on?

You will then be told to enjoy you visit in Canada and your cruise. Our customs officers for the most part are not very intimadating.

Very seldom do they ask about a crim record and frankly in this case even if you were asked I think you could answer no because there is no conviction. You certainly are under no obligation to offer any information unless asked.

In my mind even if you were sent for secondary questioning with the paper work there should be not problem and if there was then ask to speak to a supervisor or the officer in charge.

Rehabilitation would be proof of being a member of AA or attending a similar program. However if there have been no offences in the past 20 years that I am sure will be evidence enough. Just remember, stay calm.:)

[SirBeavis]

Canada Customs and Immigration at border crossings and airports are now one.

 

If the only problem is one DUI that was dismissed or was a misdemenor conviction from over 10 years ago, bring proof of the disposition and you shoud be fine. As long as that is it. Multiple charges or convictions lead to trouble.

[Ephraim]

Again, to clarify.....

 

It does not matter that a DUI was classified as a misdemeanour in the US, or it's equivalent in Canada, a summary offence. DUI (or as it's called in Canada, Impaired Driving) is an indictable offence in Canada (ie a criminal offence). How it was adjudicated in the US is simply not relevant.

 

The reason for this is simple. The US government does exactly the same to Canadians and in the absence of an agreement between the two countries, all criminal exchanges are viewed as they would be, before any plea bargaining. Both countries refuse entry to those with criminal records.

 

The same problem occurs in the case of pardons. Neither country accepts the other country's pardons because there is no agreement to do so. So, even if you have a pardon in the US, you still have a criminal record in Canada.

 

Generally, the Canadians border guards are given leeway in the acceptance of people with criminal records on condition it was one indiscretion, the normal jail time would have passed (ie if you would get 10 years in Canada, then that's the time that would have needed to have pass) and that your record is clear and you present no threat to Canadian security. Very few people are refused entry. Some people with records need a permit. Martha Stewart and George W Bush both needed a permit to enter Canada.

 

While the person that you meet at the booth is from Canada Border Services, the divisions still exist and you may be sent to speak to someone from immigration while I may be sent to talk to someone from customs if I had a problem with my declaration. They still divide the tasks beyond the original person that you see in the booth.

 

To ensure that people have this correct, I will reiterate... In Canada offences are called either summary (misdemeanour) and indictable (criminal). Impaired driving is always an indictable offence in Canada (although it is often plea bargained down to a summary offence in some cases.)

 

I doubt anyone from Canada Border Services is reading Cruise Critic, but you can contact the Canadia government at 1-800-OCANADA to ask any question that you may have.

[Shopinpat]

Ephraim,

Thanks for the number. I will try and call Canadian govt just to make sure

we are doing the correct thing.

I understand the principle of arrests and convictions having been in the criminal justice system here in the states for 30 plus years.

I just want to have this gentleman do the right thing via Canadian standards as that is where we are going in and would like to stay there for

a few days before boarding our ship.

It is really the gentleman who is scared to death about this as to the last time he went to canada he had to pay dearly and he just did not understand.

I really hope this all works out.

Thanks All

Pat

[Ephraim]

Ephraim,

Thanks for the number. I will try and call Canadian govt just to make sure

we are doing the correct thing.

I understand the principle of arrests and convictions having been in the criminal justice system here in the states for 30 plus years.

I just want to have this gentleman do the right thing via Canadian standards as that is where we are going in and would like to stay there for

a few days before boarding our ship.

It is really the gentleman who is scared to death about this as to the last time he went to canada he had to pay dearly and he just did not understand.

I really hope this all works out.

Thanks All

Pat

 

Generally, when you are asked to pay, it's generally a one-in-a-lifetime charge that essentially gives you a lifetime pass on that offence. The key is to assess if that fee was to deem him as rehabilitated. Hopefully he has kept the receipt or record from that, or proof he paid it. My guess (and again, I'm not an authority, just someone who's done some research) is that he's deemed rehabilitated either by that payment or by the fact that ten years have gone by and he has nothing to worry about as long as his record is no clean of all criminal charges.

[Shopinpat]

Of course he did not keep the receipt and he does contend that they never gave him one but who knows that was about 10 years ago also.

Hope this all works out.

Thanks Again. I am going to call tomorrow and hopefully I can talk to someone.

pat