Legal opinion letters will inform border services officers why you’re admissible to Canada despite a criminal history.
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A professional is also ready to write a letter that may assist you cross the border if you have got considerations regarding criminal unacceptability.
A opinion letter doesn’t override criminal inadmissibility, however it will explain to a border official why you’re not actually inadmissible within the first place. It offers a legal analysis of your case and the way it fits into the context of Canadian law.
Legal opinion letters may be notably helpful for people that work the definition of “deemed rehabilitated,” or for those that are charged with crimes that don’t render them inadmissible . It can even be used before your sentencing to assist you avoid a lot of serious convictions.
A person is deemed restored once they are not any longer thought of reprehensively inadmissible to Canada by immigration authorities.
If a minimum of ten years have elapsed since you were condemned of a non-serious crime, you’ll be able to be deemed restored. during this case, you’ll have overcome unacceptability already and don’t got to submit an application before visiting Canada.
Unfortunately, even people who are deemed restored still encounter problems at the Canadian border. Canadian immigration border officers will turn people away if they believe you create any security risk, even supported a non-serious charge, where a opinion letter can justify that you simply are admittible despite your criminal history.
Crimes that are not inadmissible
Less serious offenses
Border officers may not know how sure offenses are classified. Serious crimes that carry a sentence of ten years or a lot of, like driving under the influence, may build an individual inadmissible. However, non-serious crimes don’t essentially have an equivalent outcome.
A opinion letter would justify why a specific offence is taken into account non-serious and why it doesn’t make somebody inadmissible to Canada.
No Canadian equivalent
Some acts are illegal within the country wherever they were performed, however not in Canada. As a result, somebody who committed such an act wouldn’t be inadmissible to Canada. for instance, if somebody was charged with possession of marijuana it might not be against the law if the quantity they were carrying would be legal in Canada.
In this case, a opinion letter might indicate to the border services officer that a similar crime doesn’t exist in Canada. Therefore, within the Canadian context, this person has not committed against the law and is subsequently not inadmissible to Canada.
Benefits of a pre-sentencing opinion letter
If you have got been charged with a crime, you’ll be able to avoid being convicted with the help of a opinion letter addressed to the judicial authority who is hearing the case.
This is a opinion that’s drafted by a Canadian immigration professional during which they see the relevant sections of Canadian law to explain the consequences a guilty verdict would carry with relation to an individual’s ability to enter Canada.
In addition to appealing to the judge’s compassion by outlining the consequences of a conviction, a professional can even counsel alternate infractions that might not render the individual inadmissible ought to he or she be convicted. this is often not always possible for a lot of serious charges, however some offenses may be pleaded down in such a way that the conviction doesn’t lead to unacceptability.
For example, reckless driving may be reduced to a traffic violation, that doesn’t render one inadmissible . the costs could even be dropped altogether in certain cases. A opinion letter will facilitate by laying out the options and explaining any mitigating circumstances that might warrant less severe penalty.
The judge would possibly attribute significant weight to the letter and take it into thought once imposing the sentence. during this manner, several people who had the foresight to acquire a opinion letter from an full-fledged Canadian immigration attorney are convicted of a lesser offence and, consequently, have avoided being found inadmissible .