A primer on the often misunderstood issue of entering Canada with prior DWIs. This presentation was given to Canadian lodges and resorts at the 2014 All Canada Show in Chicago. We are told the Canada Border Agents in attendance gave us high marks! Being turned away at the border is embarrassing, frustrating, and costly. Many don’t wish to disclose that they have a prior offense to their employer, and just hope for the best until it’s too late. As such, my corporate colleagues appreciate a confidential contact to whom they can refer their employees beforehand, and assess options before problems at the border. This way the individual can deal with it on their own without having to divulge embarrassing details to supervisors, friends, sponsors, or colleagues. They also appreciate a local attorney who they can meet in person. Having said that, the need is so great my clients stretch the country. Initial consultations are always free, so it doesn't hurt to call. As you can tell I have a passion for Canada and it’s people, having done several fishing trips and my 10th anniversary in Quebec City. Next goal is the Calgary Stampede! Happy to answer any questions, and again thank you for reading! (612) 206-3721 info@sportsmanlawyers.com

1. Entering
Canada
with
Prior
Convic2ons
@ Chaudhary Law Office 2014

2. Chaudhary Law Office, PLLC!
• Minneapolis-based immigration
law firm"
• Satveer Chaudhary, Esq."
• 14 years"
• Former Minnesota State Senator"
• Avid sportsman, Canada-phile"
• Canadian associates"
• Lectures, articles"

4. SUMMARY!
• CLARIFY WHO IS INADMISSIBLE
TO CANADA!
• DEBUNK MYTHS!
• REVIEW SOLUTIONS!
• RESOURCES!

5. WHO IS INADMISSIBLE?!
• Conviction or any act outside Canada that, if
committed in Canada, would be punishable by a
maximum of at least 10 years. "
• Conviction or any act outside Canada that, if
committed in Canada, would be felony level in
Canada. "
• E.G.: DWI, Reckless Driving, assault, disorderly,
minor posession, and just their charges."
• For others must check Canada criminal code.
E.g. Public intoxication? "

6. MYTHS!
• Minister’s Pardon"
• Only those driving; Not your car;
Passenger seat"
• Passport scan"
• Since 9/11"
• Only Canada prohibits felons"
• 2012 rules eliminated problem"
• Over 10 years is ok"
• Never encountered an issue before"

7. SOLUTIONS—REHABILITATION!
• “CRIMINAL REHABILITATION”"
• Permanently erases inadmissibility"
• After 5 years one can try (“born again”discretionary)"
• After 10 years “deemed” rehabilitation (but still
must apply)"
• From end of probation."
• Detailed forms, background checks, letters, court files"
• Apply to New York is east of Mississippi, L.A. if not."
• Sometimes border, but totally discretionary"

8. SOLUTIONS—TRP!
•
•
•
•
Temporary Resident Permit"
If under 5 years since end of probation"
HIGHLY discretionary"
One-time DWI with no jail, or other urgent
circumstance"
• Must balance need to travel with risk of rejection"
• Temporary loss of booking v. permanent loss b/c
of border rejection"

9. SOLUTIONS—TIPS!
• DO NOT: Argue with Border Agent"
• DO NOT: Cross your fingers"
• DO NOT: Bring application to border “just
in case”"
• DO: Be pro-active with clients, provide
resources"
• DO: Apply Early, can be tedious"
• DO: Homework, attend to detail, ask for help"

10. RESOURCES!
• IMPORTANT: LAWYER IS NOT
REQUIRED"
• www.cic.gc.ca/english/information/
inadmissibility/index.asp"
• www.cbsa-asfc.gc.ca"
• Authorized practitioners"

11. RESOURCES—Sportsman Lawyers!
“In all my years here that’s the best
prepared packet I’ve ever seen”!
-Canada Border Officer, Vancouver
December 22, 2013
• Assist sports players, pilots, truckers,
business "
• Review each case individually"
• Thorough to a fault"

12. YOUR TRIP TO CANADA SHOULD LOOK LIKE THIS:!
Chaudhary
Law
Office,
PLLC
5010
Flour
Exchange
Building
310
Fourth
Avenue
South
Minneapolis,
MN
55415
(612)
206-­‐3721
info@sportsmanlawyers.com