Canada - Government Information/ENTRY INTO CANADA

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Dear Sir,

Last October I approached the Rainbow Bridge to meet my fiancee who is a Canadian citizen and was allowed entry. My fiancee and I on the same day tried to cross into the USA in which I am a born citizen and my fiancee was refused. When we tried to cross back into Canada, they denied me entry. (my fiancee and I were in the same car that is why we tried to go back to Canada). I was denied entry because June 2012, my ex beat me up and according to the paramedic report I sustained "traumatic injuries" but was charged with assault on my ex because he had a scratch on his arm and there was a long history of my calling the police on him. He was charged also. My charge was reduced to a Summary Harrassment and at the advisement of my public defender accepted the reduced Summary charge which resulted in a fine and then closed. I was told by the Canadian border officer to come back and present proof of sound residence in the USA by bringing utility bills, bank statements etc. I did and because the officer said there is no Canadian equivalent to Summary Harrassment he wasn't sure if he should let me in or not and I was "allowed to leave Canada".
June 5, after conferring with the Consulate, I tried to cross again and I was called a "criminal" and a "Liar" by the border patrol officer because of the summary charge and a liar because I told him I was going to see my fiancee's sister for dinner. I live only 1 hour from the Canadian border in Fort Erie. After detaining me and my 7 year old twins, they let me go back and the officer said "the only way you're coming here is by way of the consulate". My fiancee and I married middle of June this year and we prepared an FC1 packet and a TRV/TRP application. Our immigration attorney recommended that we go back to the border crossing at Ft Erie taking him along and turn in our FC1 app package along with evidence that the original assault charge is not in my record only the harassment summary offense and plead our case to see if they will allow me entry.

Please give me your opinion on this and if this seems to be a good strategy.

Answer
Hello Jacinta,

Wow, this is a very bizarre story.

Here is the link for overcoming inadmisability.
http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp#a1

The word "Summary" resonates with me; if you are convicted of a "Summary conviction" the definition by Canada is : "A conviction occurs when a person is found guilty of an offence by a court of law or a tribunal"

In reading your story it seems that you were found guilty and that according to Canadian Immigration Law that makes you inadmissible until you follow the link for "overcoming Inadmissibality".

If I were you I would follow the advice of your attorney, but I might add that even being sponsored by your Canadian spouse, does not gurantee that the sponsorship will succeed unless you have gone through the rehabilitation procedure.

I hope this helps, thank you.  

Canada - Government Information

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John A.C. Manning

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All Canadian Immigration Questions

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I am a Certified Immigration Consultant I have been practicing in this profession for the last 18 years I have been consulted by many private and corporate clients.

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I am a full Member of The Immigration Consultants of Canada Regulatory Council (ICCRC) Membership # 415199

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Retirement Today Magazine (UK) 2008

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I am a graduate of London University (UK) Business management I passed a Sales Organization Course. McGill University (Canada) I passed a Executive Development Course McGill University (Canada

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Novartis Pharma (Canada) AirLiquide (Canada) Air Canada.

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