If I've Been Deported from the USA, Can I Go to Canada?
Individuals who have been deported or ordered removed from the United States are generally required to stay outside the country for a period of five, ten, or even twenty years.
A U.S. deportation can adversely affect all Canadian immigration applications, including those for work, study, or residency. Regardless of the circumstances, obtaining permanent clearance from a Canadian consulate is essential for future travel to Canada.
The Millennium Immigration can support you in your pursuit of entering Canada. Simply fill out our contact form, and one of our experts will get in touch to arrange a free consultation with you.
Table of Contents
- Overview
- Ways to Overcome Criminal Inadmissibility
- Applying for Criminal Rehabilitation with Serious Criminality
- Have you Been Deported from Canada?
- Being Asked to Leave: Various Different Orders
Overview
Due to the significant volume of activity at their borders, the United States and Canada exchange information regarding the criminal histories of visitors at their ports of entry.
When attempting to enter Canada from the United States, Canadian border agents have access to any previous U.S. removal or deportation orders. This means that if you have been deported from the United States in the past, Canadian officials will be aware of it, and you may be denied entry upon arrival at a port of entry.
Similar to their American counterparts, the Canada Border Services Agency (CBSA) is tasked with safeguarding the well-being of all individuals within their borders. As a result, they tend to approach individuals with deportation records with heightened caution.
Fortunately, there are pathways available to address and overcome criminal inadmissibility.
Ways to Overcome Criminal Inadmissibility
Traveling to Canada after being deported from the U.S. can be a complicated endeavor. However, there are options for travelers to eventually reach their Canadian destination, even if they are considered criminally inadmissible.
Various avenues, such as obtaining a Temporary Resident Permit (TRP) or successfully applying for a Certificate of Criminal Rehabilitation, can facilitate entry, provided you meet the eligibility criteria. One key requirement for criminal rehabilitation is a waiting period of five years following your original deportation order.
For successful entry into Canada, the Canadian government must be convinced that the applicant has demonstrated signs of rehabilitation since the original removal order was issued and that they do not pose a risk to the safety and well-being of Canadian society.
Navigating this process without the guidance of a Canadian immigration lawyer or assistance from themillenniumimmigration.com can make the journey significantly more challenging.
Criminal Rehabilitation Certificate
A Certificate of Criminal Rehabilitation issued by the Canadian government is a permanent document that allows indefinite travel in and out of Canada. This application is available to individuals who would otherwise be inadmissible.
If you have faced denial of entry to Canada in the past, a CBSA officer may recommend applying for criminal rehabilitation to avoid future issues. Once an applicant is granted criminal rehabilitation, they no longer need a Temporary Resident Permit.
If your deportation from the U.S. was due to a criminal conviction and more than five years have passed since completing your sentence, you may be eligible to apply for criminal rehabilitation in Canada.
How to Successfully Apply for a Criminal Rehabilitation Certificate
The most critical aspect of the application is demonstrating the equivalent offense under Canadian law for your rehabilitation process. Some criminal acts may be viewed as less severe, while others that carry a potential prison sentence of 10 years or more are classified as “serious criminality.”
If your history includes a felony conviction that results in a designation of serious criminality, you will face increased scrutiny, longer processing times, and higher fees ($1,148.87 CAD) from the Canadian government.
Applying for Criminal Rehabilitation with Serious Criminality
Individuals classified as having a record of “serious criminality” are required to apply for criminal rehabilitation to gain entry into Canada, regardless of how much time has passed since they completed their sentence.
The outcome of these applications is largely subjective and rests in the hands of Canadian immigration officials. Unlike individuals with non-serious offenses, those with serious criminality can never be deemed automatically rehabilitated; they must pursue an individual rehabilitation application.
Processing Time for Criminal Rehabilitation Applications
The standard processing time for criminal rehabilitation applications is between 6 to 12 months from the date of submission.
Government Application Fees
For each criminal rehabilitation application, the following fees apply:
$229.77 CAD for applications related to non-serious criminality.
$1,148.87 CAD for applications associated with serious criminality.
Have You Been Deported from Canada?
In certain situations, a foreign national may be requested to leave Canada. This “request to leave” encompasses various measures the Canadian government employs to ensure that a specific individual exits the country.
Often, individuals who have been asked to leave must apply for an Authorization to Return to Canada (ARC) to re-enter the country legally. The ARC serves as a formal request for permission from the Canadian government to return, despite a prior deportation. Whether an ARC is required typically depends on the reasons for the individual’s departure.
In most instances, an ARC is not an independent application. Applicants generally cannot submit an ARC request on its own; it is usually linked to another application and will be evaluated in conjunction with that process.
Note: The only exception to this rule occurs when the applicant does not need a visa to enter Canada, such as citizens of visa-exempt countries. In such cases, the ARC application can be submitted independently. However, for those requiring a visa to visit, study, or work in Canada, there is no need for a separate ARC application; they will only need to pay the relevant fee of **$459.55 CAD**.
Being Asked to Leave: Various Different Orders
Departure Order
Individuals issued a departure order must leave Canada within 30 days and confirm their departure with an immigration officer. If they comply with these conditions, they will likely not need an Authorization to Return to Canada (ARC). However, failure to adhere to the departure order transforms it into a deportation order (discussed below).
Exclusion Order
Those who receive an exclusion order must wait 12 months from their departure date before applying to re-enter Canada. They must obtain a certificate of departure to confirm that this time period has elapsed. If these conditions are met, they generally will not require an ARC when applying for re-entry. An ARC is only necessary if the individual seeks to return to Canada before the 12-month waiting period is complete.
Deportation Order
Individuals issued a deportation order, including those whose departure orders were converted into deportation orders, must apply for an ARC to legally re-enter Canada.
It’s important to distinguish these orders from a Direction to Leave Canada, as an ARC is not required in that case
About THE MILLENNIUM IMMIGRATION
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THE MILLENNIUM IMMIGRATION stands as one of Canada’s premier immigration law firms, boasting over 11 years of experience. Our dedicated team comprises more than 60 Canadian immigration attorneys, paralegals, and other professionals committed to your success.
THE MILLENNIUM IMMIGRATION, we leverage our expertise to assist clients in navigating inadmissibility challenges. Our specialized team of inadmissibility lawyers will work closely with you to understand your unique circumstances, ensuring that we submit the most compelling application to the Canadian immigration authorities on your behalf.
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