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If you have a U.S. conviction involving fraud (credit card fraud, identity theft, benefit fraud, cheque fraud, wire fraud-type conduct), Canadian officers may assess you for criminal inadmissibility under IRPA s. 36 after completing a criminal equivalency analysis (matching your U.S. offence to the closest Canadian offence).  Source: IRPA s. 36 1) Canada’s fraud baseline (what officers usually match to) A) Criminal Code s. 380 (Fraud) Canada’s general fraud offence is Criminal Code s. 380. It covers fraud “by deceit, falsehood or other fraudulent means.”  Source: Criminal Code s. 380 Punishment and “seriousness” threshold Canada’s fraud penalties depend on the amount: ●        Fraud over $5,000: indictable; max 14 years. ●        Fraud $5,000 or less: hybrid; max 2 years on indictment (or summary).  Source: Criminal Code s. 380 Why it matters for inadmissibility: ●        A foreign conviction that equates to Canadian fraud over $5,000 can fall into a serious criminality analysis (because the Canadian maximum is 14 years). ●        Even fraud under $5,000 can trigger inadmissibility for foreign nationals because hybrid offences are treated as indictable under IRPA.  Source: IRPA s. 36(1), 36(2), 36(3)(a) B) Related Canadian offences that often appear in U.S. “fraud” files Depending on the facts/statute, Canadian equivalency might also involve: ●        Identity theft (Criminal Code s. 402.2) ●        Identity fraud (Criminal Code s. 403) ●        Forgery (Criminal Code s. 366)  Sources: ●        s. 402.2 ●        s. 403 ●        s. 366 2) Equivalency chart: California, New York, Minnesota → Canadian fraud offences Important: Fraud laws vary across states and can be broad “umbrella” statutes. Equivalency depends on the exact section, amount/loss, and the record. State Common fraud/identity offences What they typically cover Likely Canadian equivalent(s) California Penal Code § 484 (theft umbrella includes false pretenses/embezzlement) Taking property by false pretenses / theft-based fraud theories Often s. 380 (fraud) and/or theft offences depending on facts California Penal Code § 532 (false pretenses) Obtaining money/property by false pretenses Often s. 380 (fraud) New York Penal Law § 190.65 (scheme to defraud 1st) Ongoing scheme to defraud multiple persons / obtain property by false pretenses Often s. 380 (fraud) New York Penal Law § 190.78 (identity theft 2nd) Identity theft offences Often s. 402.2 / s. 403 (identity theft/fraud) Minnesota Minn. Stat. § 609.52 (theft includes swindle/false representation-type theft) Broad theft statute covering “swindle” style fraud Often s. 380 (fraud) and/or theft offences depending on facts Minnesota Minn. Stat. § 609.527 (identity theft) Identity theft/identity fraud offences Often s. 402.2 / s. 403 U.S. statute links: ●        CA PC 484 ●        CA PC 532 ●        NY PL 190.65 ●        NY PL 190.78 ●        MN 609.52 ●        MN 609.527 3) How fraud can lead to serious vs ordinary criminality (IRPA s. 36) Serious criminality (IRPA s. 36(1)) Applies to foreign nationals and permanent residents. A foreign conviction can trigger serious criminality where the Canadian equivalent is punishable by a maximum of at least 10 years. ●        Fraud over $5,000 in Canada has a 14-year maximum → commonly serious criminality once equivalency is established.  Sources: Criminal Code s. 380 Ordinary criminality (IRPA s. 36(2)) Applies to foreign nationals. A foreign conviction can trigger ordinary criminality if the Canadian equivalent would be indictable—and IRPA treats hybrid offences as indictable for this purpose.  Sources: IRPA s. 36(2), 36(3)(a) 4) Why fraud equivalency is often “record-driven” Many U.S. statutes are broader “umbrella” offences. The Canadian match often depends on: ●        the exact statute subsection ●        the loss amount / value ●        whether identity documents were used ●        whether it was a “scheme” over time ●        the charging language and plea/factual basis Documents that usually decide the outcome: ●        charging document ●        statute text (as in force at the time) ●        judgment/disposition ●        restitution/loss findings (if any) ●        sentencing order and proof of completion Call A&M Canadian Immigration Law Corporation: (204) 442-2786  If you need to visit, study, work, or immigrate to Canada and you have a fraud/identity offence from California, New York, or Minnesota, a document-based equivalency review can confirm the closest Canadian offence (often s. 380 and/or identity offences) and how IRPA s. 36 may apply. Disclaimer (Educational Use Only) This content is for general educational and informational purposes only and is not legal advice. Immigration laws, regulations, and officer practices can change. U.S. fraud laws vary by state and can change over time, and outcomes depend on the exact statute section, offence date, value/loss findings, and official court records. Sources (hyperlinks) ●        IRPA s. 36 ●        Canada — Criminal Code s. 380 (Fraud) ●        Canada — Criminal Code s. 402.2 (Identity theft) ●        Canada — Criminal Code s. 403 (Identity fraud) ●        Canada — Criminal Code s. 366 (Forgery) ●        California — PC 484 (theft umbrella) ●        California — PC 532 (false pretenses) ●        New York — PL 190.65 (scheme to defraud) ●        New York — PL 190.78 (identity theft 2nd) ●        Minnesota — 609.52 (theft incl. swindle) ●        Minnesota — 609.527 (identity theft) Frequently Asked Questions Is “grand theft auto” always serious criminality in Canada? Not automatically. The key is the Canadian equivalent (often s. 333.1) and how IRPA s. 36 applies to the specific person and record. If my charge was “unauthorized use,” is that still risky?  It can be. Unauthorized-use statutes may be analyzed against Canada’s s. 335 (and in some situations other offences depending on the record). What documents matter most for equivalency? The exact statute section, charging language, plea/judgment, and any admitted facts—especially where the statute covers multiple theories (theft vs use). Latest News Can an Indecent Act in the U.S. Make You Criminally Inadmissible in Canadian Immigration? Read More Can Public Nudity or Indecent Exposure in the U.S. Lead to Criminal Inadmissibility in Canadian Immigration? Read More Can Sexual Assault in California, New York, or Minnesota Lead to Criminal Inadmissibility in Canadian Immigration? Read More Can Uttering Threats in California, New York, or Minnesota Lead to Criminal Inadmissibility in Canadian Immigration? Read More Can Voyeurism in the U.S. Lead to Criminal Inadmissibility in Canadian Immigration? Read More

If you have a U.S. conviction for burglary / break-in conduct and you plan to visit Canada, apply for a study permit, work permit, or immigrate, Canadian officers may assess you for criminal inadmissibility under IRPA s. 36 after completing a criminal equivalency analysis (matching your U.S. offence to the closest Canadian offence). 1) Canada’s baseline: Criminal Code s. 348 (Break and Enter) Canada’s main “break and enter” offence is Criminal Code s. 348(1), which covers: ●        breaking and entering a place with intent to commit an indictable offence, or ●        breaking and entering and committing an indictable offence, or ●        breaking out after committing (or entering with intent to commit) an indictable offence. Canadian punishment (dwelling vs non-dwelling) ●        Dwelling-house: indictable, life imprisonment maximum. ●        Place other than a dwelling-house: indictable, up to 10 years, or it may be prosecuted as an offence punishable on summary conviction. Why this matters for criminal inadmissibility Once a U.S. offence is found equivalent to a Canadian offence with a 10+ year maximum (or life), it commonly triggers a serious criminality analysis under IRPA s. 36(1) for foreign convictions. 2) U.S. → Canada equivalency: what “burglary” usually matches to in Canada A big reason equivalency gets tricky is that many U.S. statutes are framed as “entering” with intent to commit a crime (often called “burglary”), while Canada’s s. 348 focuses on “break and enter” (and breaking out) tied to intent to commit an indictable offence. 3) Comparison chart: California, New York, Minnesota vs Canada (high-level) Jurisdiction Common offence label Core elements (simplified) Likely Canadian equivalent(s) Canada Break and enter (s. 348) Break + enter + intent to commit indictable offence (or commit it / break out) Criminal Code s. 348 California Burglary (PC § 459) Entry into listed places with intent to commit grand/petit larceny or any felony Often assessed against s. 348 (if “break” equivalent exists in facts/record) or other Canadian property offences depending on record New York Burglary (PL § 140.20 / 140.25 / 140.30) Enter/remain unlawfully in a building/dwelling with intent to commit a crime; higher degrees add weapons/injury/dwelling factors Often s. 348 (dwelling vs non-dwelling analysis can matter) Minnesota Burglary (Stat. § 609.582) Enter a building without consent with intent to commit a crime; degrees depend on dwelling, people present, weapons/assault, etc. Often s. 348 (dwelling vs non-dwelling) and/or related offences based on facts 4) Why “dwelling” matters (it can change the seriousness) In Canada, break and enter into a dwelling-house carries a life maximum, which is a major seriousness indicator for inadmissibility analysis.  This is why an American “residential burglary” record often draws closer scrutiny than a commercial break-in, even before you get to the details of equivalency. Call A&M Canadian Immigration Law Corporation: (204) 442-2786  If you need to visit, study, work, or immigrate to Canada and you have a burglary/break-in record from California, New York, or Minnesota, a document-based equivalency review can identify the closest Canadian match (often Criminal Code s. 348) and how IRPA s. 36 may apply. Disclaimer (Educational Use Only) This content is for general educational and informational purposes only and is not legal advice. Immigration laws, regulations, and officer practices can change. U.S. burglary laws vary by state and may change over time, and outcomes depend on the exact statute section, offence date, and official court records. Sources (hyperlinks) ●        Canada — Criminal Code s. 348 (break and enter; dwelling = life; other place = up to 10 years or summary) ●        Canada — IRPA s. 36 (criminal inadmissibility framework) ●        California — Penal Code § 459 (burglary) ●        New York — Penal Law § 140.20 (burglary 3rd) ●        New York — Penal Law § 140.25 (burglary 2nd) ●        New York — Penal Law § 140.30 (burglary 1st) ●        Minnesota — Stat. § 609.582 (burglary) Frequently Asked Questions Can a burglary conviction stop me from entering Canada even for a weekend trip? Yes. If your U.S. burglary matches Canada’s break and enter (especially involving a dwelling-house), officers may assess criminal inadmissibility under IRPA s. 36. Does “attempted burglary” matter?  It can. Equivalency depends on the statute, what was proven/admitted, and whether the Canadian equivalent would still be an offence (often the record details are critical). Is every U.S. burglary automatically “break and enter” in Canada? Not automatically. Some U.S. burglary laws are based on “entry” with intent (even without a physical “break”), which can make the Canadian match more complex and record-driven. Latest News Can an Indecent Act in the U.S. Make You Criminally Inadmissible in Canadian Immigration? Read More Can Public Nudity or Indecent Exposure in the U.S. Lead to Criminal Inadmissibility in Canadian Immigration? Read More Can Sexual Assault in California, New York, or Minnesota Lead to Criminal Inadmissibility in Canadian Immigration? Read More Can Uttering Threats in California, New York, or Minnesota Lead to Criminal Inadmissibility in Canadian Immigration? Read More Can Voyeurism in the U.S. Lead to Criminal Inadmissibility in Canadian Immigration? 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