Denied Entry into Canada from USA Because of Criminal Record

**extroublemaker** · 05-21-2012, 01:09 PM

Denied entry into Canada via land

I was recently denied entry to Canada by CBSA due to my criminal record. After denial I was given forms and information for criminal rehabilitation. I answered all their questions honestly.

I went back a second time after reading the information and inquired about and was denied a temporary resident permit on the basis of my circumstance’s (visiting girlfriend as a tourist) were not deemed an extraordinary event.

They went over my criminal record which showed one misdemeanor conviction for shoplifting in 2003 and multiple misdemeanor charges since then that have all resulted in dismissals. Those charges are for multiple cases of shoplifting and 3 for motor vehicle infractions involving driving on a suspended license and one for operating to endanger (not a DUI). I have been arrested a total of 3 times.

CBSA informed me that the main reason they would not admit me was because one case in 2004 which showed a charge but no disposition. I told them that it was dismissed but they told me they had to go off the information they had.

What database do they use? Immigration officer informed me off the record that certain offenses I had admitted to did not show up on my criminal check.

Based on a criminal record with 4 shoplifting charges (3 dismissals, one misdemeanor conviction), and 3 motor vehicle charges involving driving negligently, and 2 counts of driving on a suspended license, how likely am I to pass criminal rehabilitation and or get a temporary resident permit? I am 32 years old, currently a college student and trying to get on with my life. This was quite devastating as I was visiting a family member and meeting up with a girlfriend.

**Conrad Hunter** · 05-21-2012, 04:56 PM

Canada and the U.S. have an information sharing agreement that allows Canadian immigration to use the U.S. NCIC (National Crime Information Center) criminal background database operated by the FBI. You can contact the FBI on the NCIC website and get the package of materials you need to fill out and get a copy of your FBI file, which requires a set of fingerprints. Then you can challenge what is in it and/or get the reporting agency to correct any errors.

I have heard some horror stories about Canadian immigration but these are some of the most petty charges yet that I have seen blocking someone from visiting Canada.

**cbg** · 05-21-2012, 05:23 PM

But he's not looking to visit Canada. He's looking for residency.

Meaning no disrespect to the poster, Canada does not have an obligation to allow any non-citizens to relocate there. Any more than the US does.

**Conrad Hunter** · 05-21-2012, 05:58 PM

I thought he had tried visiting as a tourist too. Seemed he wanted to visit a girlfriend and relatives. Immigration for residency is another matter, but his main interest seemed to be how Canada got the info and how it might be corrected. Although most offenses are reported to the FBI, not all are and sometimes the agency just doesn't get it done.

**cbg** · 05-21-2012, 06:01 PM

I ....was denied a temporary resident permit

how likely am I to .... get a temporary resident permit?

The Canadian government is not going to deny him a residency permit and then allow him access as a tourist. They know as well as I do (and as well as you should) that should they do so, the odds are heavily in favor of him simply staying illegally.

**extroublemaker** · 05-21-2012, 09:08 PM

Thank you everyone. I'm not looking for residency, just tourist entry and the Temporary Resident Permit is a mechanism Canada uses to allow people in the country for a variety of different reasons despite it's names. I agree that entering a foreign country is always a privilege and know that I am a guest of the host. It's the USA that is foxed to take me in no matter what. For the longest time, U' until recently, I lied life with reckless abandon and am suffering the consequences of shame and humiliation from being such a turd for so long.

It wasn't until I started losing my hair that I started to care about life.