Donald Trump is now inadmissible for entry into Canada

Donald Trump, 45th President of United States (and current candidate for the presidency) may be convicted on 34 charges in the hush money case. Criminally inadmissibleEnter Canada

Trump’s case provides a prominent example that can be used to better understand how inadmissibility is determined for, and can be overcome by, those wishing to enter Canada.

Get a Free Consultation from the Cohen Immigration Law Firm

What is criminal admissibility?

Criminal inadmissibility refers to an individual who has been denied entry or permission to stay in Canada because of criminality. If an individual has committed an offence outside Canada (that is recognized as an offence both in the country where the act took place, and in Canada)—they could be denied entry.

Temporary residents (those who are on a temporary basis) Work/study permit, or a visitor visa/Electronic Travel Authorization(eTA) and applicants for Permanent residence(PR) could be deemed inadmissible for entry to Canada if

• It was ConvictedCanada’s criminal code;
• It was ConvictedAn offence committed outside Canada is also considered a crime in Canada.
• It is a good idea to use the word “you” when referring to someone. committedAn act committed outside Canada that is an offence where it was committed is also an offence within Canada.

If someone is convicted in their home country of a crime, that would be considered an “indictable offence” in Canada—comparable to felony in the United States—they could be considered criminally inadmissible.

However, not every conviction is admissible. For example, a single conviction is not admissible. “summary conviction”Criminally, a person who has committed a less serious crime outside Canada is not inadmissible.

What can Donald Trump’s case teach us about criminal inadmissibility?

The criminal inadmissibility of an individual who has committed a crime abroad is determined by a detailed examination of the foreign crime. Canadian immigration authorities will assess:

• The foreign statute under the prosecution of the offence;
• The sentence is imposed
• The date sentence has been (or will) be completed.

From here, we would look to the right. Canadian equivalentTo better understand the Canadian treatment of the foreign offence.

How do Trump’s charges impact his admissibility to Canada?

Beyond doing is an ‘equivalency’The Canadian Immigration authorities would analyze the foreign crime to determine if it is classified as “serious”You can also find out more about “non-serious”In Canada. Non-serious crimes are crimes with maximum prison sentences under 10 years. These are usually non-violent crimes, such as theft or fraud that is under $5,000 CAD. Contrastingly, serious crimes are punishable by prison sentences of 10 years or more—often these crimes involve bodily harm, physical damage, etc.

This stage is crucial for determining the next steps to overcome possible inadmissibility.

Consider the “falsification of business records” charges brought against Trump, and the large amounts of money involved in these charges, it is likely that Trump’s crimes will be equated to Serious criminalityCanada

It is important to note that there are different processing fees for serious and non-serious crimes. Generally, processing fees for applications to overcome inadmissibility due to non-serious criminality are $229.77. The processing fee for applications to overcome serious crimes is $1,148.87.

How can Donald Trump overcome potential inadmissibility to the United States?

Trump’s first step could be to request an investigation. opinionAn immigration lawyer in Canada can help. The lawyer would review all charges and convictions to determine if it would affect his admissibility. Legal reviews and opinion letters can be helpful to newcomers who want to better understand their options for entering Canada, regardless of their past. Criminal records.

In Trump’s case, the legal opinion would point in the direction of inadmissibility. Trump, given his convictions, would only have one option to enter the United States in the near future: applying for a visa. Temporary Resident Permit (TRP).

A TRP is an immigration document that grants entry to an individual who might otherwise be inadmissible—on the grounds of compelling circumstances. The TRP would grant the applicant temporary and exceptional entry to Canada for anywhere between 1 day and 3 years.

You can submit your TRP application at the Canadian consulate of your home country. This may not be the best option. “safer”Option, in the sense of a decision being made before traveling to the Canadian borderIt is also slower. Travelers who are exempt from visas and can reach the Canada/US land borders may apply for a TRP at the port of entrance, and receive a final decision there.

Visit our dedicated TRP webpage to learn more. Here’s how to get in touch with us.

Trump could have other options down the road to overcome his inadmissibility.

For example, he could apply for Criminal Rehabilitation. This application would help him permanently overcome his criminal record––assuming no more charges and convictions are brought against him.

To qualify for criminal rehabilitation he must:

• Wait five years after the completion date of his sentence to apply;
• Demonstrate his rehabilitation and that he no longer faces the risk of criminal activity;

Demonstrating rehabilitation can include demonstrating stable lifestyles, community connections, social or vocational skills, etc.

The TRP application is not a requestable document. Visa-exempt Travelers) at the Canada/US land border, the criminal rehabilitation application must be submitted to the Canadian consulate in the applicant’s country of residence . Criminal rehabilitation is possible even for serious criminals. Find out more about criminal rehab on our dedicated webpage Here’s how to get in touch with us.

Get a Free Consultation from the Cohen Immigration Law Firm