Canadian border crossing update: February 27, 2012

Posted by Andrea Robertson on Jul 05, 2013 | 0 Comments

On February 27, 2012, Operational Bulletin 389 was posted on the Citizenship and Immigration page of the Canadian government.  Canada has routinely excluded Washington citizens who may attempt to cross the border but have a conviction for DUI or a charge amended from DUI. Canada recently approved a public policy to allow the grant of a one-time fee exemption for a pass to get over the border, referred to as a “Temporary Resident Permit (TRP).” In the past, this permit was somewhat difficult to obtain and cost hundreds of dollars. This new policy would permit an exemption once for this TRP, but only for certain offenses, including DUI‘s.

This policy is still being reviewed and could be expanded or cancelled. but at this point, border agents are given authority and instructions to permit waiver of these fees if public policy justifies it.

As of March 1, 2012 the public policy exemption would apply to a foreign national who is being issued a TRP, when their “inadmissible” status is due only to “criminality.” It only applies (at this point) if the conviction included no term of imprisonment as part of the sentence imposed; and the person has had no other convictions, and has committed no other acts which would have independently rendered the person inadmissible.

Here is the release – and where you can find updated information as the policy changes:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob389.asp

Sometimes clearing past records can help you avoid problems in entering Canada and other countries.  If you wish to contact us to look into vacating a past conviction, please visit our expungement page.

About the Author

Andrea Robertson

Andy is a passionate, creative and effective criminal defense lawyer who is willing to fight on your behalf. She has honed her skills since 1998, and has developed a proven track record of creative, vigorous, and effective advocacy for clients throughout the State of Washington. Her practice includes all criminal charges. This includes felonies, misdemeanors, and driving-related charges such as DUI or vehicular assault/homicide.

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Andy Robertson has a proven track record of creative and effective advocacy for clients facing criminal charges throughout the state of Washington. Ryan Robertson's practice focuses exclusively on high-quality creative appellate representation in criminal and administrative matters, as well as expungements, vacation of records, and petitions to seal.