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How a legal opinion letter can help you come to Canada with a criminal record

How a legal opinion letter can help you come to Canada with a criminal record

Posted on May well 18th, 2022 at 01:00pm EDT


How a legal opinion letter can help you come to Canada with a criminal record

A lawyer may perhaps be in a position to generate a letter that can assist you cross the border if you have concerns about felony inadmissibility.

A authorized feeling letter does not override prison inadmissibility, but it can describe to a border formal why you are not in fact inadmissible in the initial area. It presents a legal assessment of your situation and how it suits into the context of Canadian legislation.

Lawful view letters can be specifically helpful for people today who in good shape the definition of “deemed rehabilitated,” or for individuals who are charged with crimes that do not render them inadmissible. It can also be made use of ahead of your sentencing to help you steer clear of additional significant convictions.

Schedule a Cost-free Authorized Consultation with the Cohen Immigration Regulation Firm

Deemed Rehabilitation

A person is considered rehabilitated when they are no lengthier regarded as criminally inadmissible to Canada by immigration authorities.

If at least 10 yrs have elapsed given that you were convicted of a non-major crime, you can be deemed rehabilitated. In this case, you might have prevail over inadmissibility currently and do not need to post an software right before going to Canada.

Sadly, even persons who are considered rehabilitated however face troubles at the Canadian border. Canadian immigration border officers can convert people absent if they feel you pose any security danger, even dependent on a non-serious cost. This is wherever a lawful belief letter can make clear that you are admissible irrespective of your prison heritage.

Crimes that are not inadmissible

A lot less really serious offenses

Border officers could not know how specific offenses are categorised. Significant crimes that carry a sentence of 10 years or much more, these types of as driving under the impact, may perhaps make a individual inadmissible. Even so, non-significant crimes do not essentially have the exact final result.

A authorized impression letter would clarify why a individual offence is considered non-serious and why it does not make someone inadmissible to Canada.

No Canadian equal

Some functions are unlawful in the country the place they ended up carried out, but not in Canada. As a result, anyone who fully commited these types of an act would not be inadmissible to Canada. For case in point, if an individual was charged with possession of cannabis it may well not be a criminal offense if the amount they had been carrying would be legal in Canada.

In this scenario, a lawful viewpoint letter could explain to the border solutions officer that an equal crime does not exist in Canada. Hence, in the Canadian context, this particular person has not dedicated a crime and is subsequently not inadmissible to Canada.

Positive aspects of a pre-sentencing legal view letter

If you have been charged with a crime, you can stay clear of being convicted with the enable of a authorized opinion letter addressed to the judicial authority who is listening to the scenario.

This is a lawful opinion that is drafted by a Canadian immigration attorney in which they refer to the related sections of Canadian regulation to make clear the consequences a guilty verdict would have with regard to an individual’s ability to enter Canada.

In addition to appealing to the judge’s compassion by outlining the outcomes of a conviction, a lawyer can also counsel alternate infractions that would not render the unique inadmissible need to he or she be convicted. This is not usually achievable for much more significant expenses, but some offenses can be pleaded down in this kind of a way that the conviction does not final result in inadmissibility.

For example, reckless driving can be lessened to a targeted visitors violation, which does not render one particular inadmissible. The charges could even be dropped completely in sure situations. A authorized feeling letter can enable by laying out the solutions and outlining any mitigating situations that could warrant considerably less critical punishment.

The judge might attribute sizeable bodyweight to the letter and just take it into thought when imposing the sentence. In this method, quite a few folks who experienced the foresight to procure a authorized view letter from an expert Canadian immigration legal professional have been convicted of a lesser offence and, as a result, have avoided staying observed inadmissible.

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