Wednesday, August 31, 2011

Canada Traveler Information: DWI or DUI Driving or Other Misdemeanor Convictions


Are you considering taking a trip to Canada? Looking forward to a honeymoon in British Columbia?  Hunting elk in Alberta? Visiting your cousin in Toronto?  Well, if you have been convicted of DWI or DUI, or many other misdemeanor convictions within the last ten years, make sure you take care of the issue before you try to cross the border.  Any type of impaired driving offense is considered the equivalent to the Canadian Criminal Code offense of impaired driving, and Canadian law considers impaired driving (driving with a blood alcohol concentration above .08) to be a serious offense. In fact even a first offense conviction of impaired driving results in a criminal record, a minimum $1000 fine, and a driving prohibition for a minimum of one year.

Routine screening upon entry into Canada includes the question, “Have you ever been convicted of a crime?”  If you have been convicted of impaired driving, or other offenses you may feel are minor, you may be denied entrance.  More importantly, if you're entering from the United States, as part of post-911 security measures, border agents may already have access to criminal records. If you lie or forget about a conviction, you may be barred from entry into Canada for many years.  

A person with a conviction may be deemed rehabilitated and be eligible for entry after a certain period of time,   depending on the offense.  This period may be as short as 5 years or as long as 10 years. 

You may also apply for individual criminal rehabilitation, 5 years following the original conviction.







Contact Us From Anywhere in the U.S.
(952)525-2285 ♦ satveer@chaudharylawoffice.com
Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.




Monday, August 29, 2011

Resources to Get Into Canada After A Legal Infraction



RESOURCES:


www.cic.gc.ca










Contact Us From Anywhere in the U.S.
(952)525-2285 ♦ satveer@chaudharylawoffice.com
Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.



Final Thoughts on Entry Into Canada...


It’s important to note that only Canadian lawyers, consultants, or notaries can represent a client for compensation before the Canadian immigration service. Some U.S. firms have attorneys admitted to the Canadian bar. Other firms partner with Canadian attorneys so that Americans have the comfort of an American attorney managing their case while still adhering to Canadian rules.
THE UPSHOT
If there is any possibility a person with a prior conviction will one day enter Canada, it’s wise to get all the documentation in order sooner, rather than later. Moreover, starting now will ensure peace of mind that your vacation or business trip is not quashed at the border. So get your ducks in a row, before you wish to hunt them and get ready to visit our closest neighbor to the north, Canada.
ABOUT CHAUDHARY LAW OFFICE:
An avid outdoorsman, Satveer Chaudhary, Esq. is the owner of Chaudhary Law Office since 2000, practicing immigration, non-profit, family, and criminal law in Saint Louis Park, Minnesota. Not licensed to practice law in Canada, Chaudhary Law Office has qualified attorney associates who can help overcome Canadian inadmissibility.






Contact Us From Anywhere in the U.S.
(952)525-2285 ♦ satveer@chaudharylawoffice.com
Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

Saturday, August 27, 2011

Temporary Resident Permits: Are They The Answer To Travel To Canada?


Once a Temporary Resident Permit is granted, it must be updated every 6 months to 1 year. However it is not permanent, and there are significant non-refundable processing fees associated with Temporary Resident Permits. Not surprisingly, higher fees correspond to cases involving more serious criminal issues.


However, there are times that the trip of a lifetime presents itself, or you need to travel to Canada on business. In that instance one can apply for Deemed or Streamlined Rehabilitation at the Canadian ports of entry. However, submitting an application for rehabilitation doesn’t guarantee that the request will be approved. Should you wish to apply, you must bring all supporting documents to a port of entry during regular business hours. If you live near Seattle, International Falls, Detroit, or Buffalo this may make sense, but it’s risky to travel a great distance and chance this means of entry.  


If a person somehow enters Canada and decides to retroactively apply for a temporary permit, they may be asked to leave the country. Regardless, if one is caught in Canada and is found to have been inadmissible in the first place, that person risks deportation and future denials of entry. 








Contact Us From Anywhere in the U.S.
(952)525-2285 ♦ satveer@chaudharylawoffice.com
Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

Friday, August 26, 2011

Getting Help With Red Tape: Entry Denials For Hunters Into Canada

PROCESSING PROBLEMS
Sound easy enough? Well there are several ways to get into Canada, even with a few blemishes in one’s legal record, but the short answer is that there is no short and easy way to do it. Required court documents may be difficult to obtain, and Canada typically requires them for review. Proof of sentences being completed is critical, for which copies of all complaints, orders, sentences, restitution, and probationary documents are ideal. Most lay people are reluctant to attempt such an endeavor on their own.


GETTING HELP
Immigration systems can be complex and bureaucratic. Forms must be completed properly and supporting documentation assembled according to requirements. Incomplete documentation will result in returned applications and yet further delays. So sometimes it helps to “turf it off” to those with experience in these matters. Where a person has a number of convictions, the convictions or charges are somewhat recent, documents can’t be found, or it just seems over your head, a lawyer can be of use.


Chancing it at the border is absolutely not recommended, particularly for those driving long distances.








Contact Us From Anywhere in the U.S.
(952)525-2285 ♦ satveer@chaudharylawoffice.com
Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

Thursday, August 25, 2011

What About Travel To Canada If The Infraction Was Years Past?


What if it’s been less than five years since completion of a sentence (including probation)? Does this mean you can’t travel to Canada since the person isn’t eligible for an Approved of Rehabilitation? In that instance he or she may apply for a temporary resident permit, and request special permission to enter or remain in Canada, but this may take six months to a year to process.

Failure to address these immigration issues can result in disastrous consequences beyond a botched vacation. Chaudhary dealt with one individual who failed to seek a Temporary Resident Permit was stopped at Customs and Immigrations in Toronto, detained, and returned to Denver the next morning. Unable to close a multi-million dollar sale, he lost his job as a vice-president in the cellular phone industry. Another client who failed to seek a Temporary Resident Permit was stopped, questioned, and permitted to enter Canada for business, but was counseled she would not always be so lucky.








Contact Us From Anywhere in the U.S.
(952)525-2285 ♦ satveer@chaudharylawoffice.com
Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

Tuesday, August 23, 2011

Visiting Canada With A Less Than Pristine Record


RUN FOR THE BORDER: OVERCOMING DENIALS TO CANADA
So what is a person to do who needs to travel on business or wishes to go to Canada for pleasure? Well, there’s no need to cancel that fly-in-fishing trip because of a prior offense. There are several legal processes that can permit an otherwise excludable person to enter Canada temporarily or even permanently. However, those with convictions in a Canadian court require additional effort.


APPROVAL OF REHABILITATION
If more than 5 years have passed since all sentences related to the conviction(s) were completed, a traveler may apply for Approval of Rehabilitation through a designated Canadian Consulate in the United States or Canadian Immigration Service. The process is not terribly complicated, but can be tedious. Often, people find it easier to hire a competent lawyer to handle the paperwork for them and insure that nothing has been missed that can hold up their vacation. Ample time (sometimes months) should be allowed prior to travel for an Approval of Rehabilitation. The decision to approve rehabilitation is at the discretion of the Canadian authorities, so there’s no guarantee of admission to Canada for that guys’ weekend, or even a Niagara Falls honeymoon. However once a person receives it, the Approval is permanent as related to offenses prior to the application. The best rule of thumb is to examine your own legal history, as well as those of your traveling companions and insure that issues are handled before you reach the 
Canadian border.



http://sportsmanlawyers.com/index.html





Contact Us From Anywhere in the U.S.
(952)525-2285 ♦ satveer@chaudharylawoffice.com
Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

Saturday, August 20, 2011

So, Who Can and Cannot Travel To Canada?


WHO CAN ENTER CANADA?


Most people assume that just about anyone can enter Canada. “This cannot be further from the truth,” states immigration lawyer, Satveer Chaudhary of the Chaudhary Law Office in Saint Louis Park, Minnesota.. “Canadian Customs and Immigration Officers have ultimate authority to permit or deny anyone entry to Canada, as is the case with U.S. Customs and Immigration Service. Most attempting to visit Canada don’t, however, have a criminal record and are allowed to enter. Consequently, most of us never think twice.”


WHO CANNOT ENTER CANADA?


What if you’ve been convicted of drunk driving? One common myth is that a person entering Canada with a DWI conviction is only prohibited from driving. This is absolutely not the case. In Canada a DUI is a felony that may be punished by imprisonment for up to 5 years, and therefore under the Canadian Immigration Act, can block your entry into Canada.
Anyone with a conviction in the United States that’s treated as a felony or indictable offense in Canada can be stopped at the border, even if the conviction OR CHARGE is a misdemeanor in the U.S. More surprisingly, should your legal entanglement not be a felony or indictable offense in Canada, Customs and Immigration Officers still have ultimate authority to deny entry to Canada.² Imagine taking your teenager “up north” for their first Canadian fishing trip, and being stopped at the border because 10 years ago you were charged with reckless driving or got a DUI. 


Almost all convictions (including DUI, DWI, reckless driving, negligent driving, misdemeanor drug possession, all felonies, domestic violence, assault, shoplifting, theft, etc. can make a person unable to enter Canada, regardless of when the incident occurred. For this reason, it’s not recommended that persons with past convictions attempt to enter Canada without first obtaining the necessary documents. Remember, it’s always the final decision of officers at ports of entry to decide whether a person should be allowed into Canada. “The Canadian Consulate emphasizes that this entry is discretionary,” Chaudhary continues, “and in the post 9/11 aftermath, officers are more typically exercising their discretion to deny entry than to grant entry.”



http://sportsmanlawyers.com/index.html
Phone(952) 525-2285
Fax (800) 447-1381


Chaudhary Law Office
Park Place East, Suite 700
5775 Wayzata Boulevard
St. Louis Park, MN 55416