Entry Denials & Criminal Inadmissibility (U.S. Citizens & Residents)
A&M Canadian Immigration Law Corporation
Entry Denials & Criminal Inadmissibility (U.S. Citizens & Residents)
If you’re a U.S. citizen or U.S. permanent resident (Green Card holder) with a past criminal record, you can be refused entry to Canada. Two proven pathways can get you moving again:
· Temporary Resident Permit (TRP): a discretionary short-term solution when you have a compelling reason to travel, typically used when less than 5 years have passed since you finished your sentence. Government of Canada
· Criminal Rehabilitation: a permanent solution that removes the inadmissibility for immigration purposes, available only after enough time has passed (see eligibility below). Government of Canada
Below is a practical, step-by-step guide tailored to U.S. travellers.
Step 1: Confirm you’re “criminally inadmissible”
Under Canada’s immigration law, people with past crimes or convictions (even outside Canada) may be found criminally inadmissible. Examples include DUI/impairment, theft, assault, and drug offences. An officer decides at the visa stage (if applicable) or at the border. Government of Canada
Step 2: Pick the right pathway for your timeline
A) Temporary Resident Permit (Less than 5 years since you finished your sentence)
® A TRP is a permit document that authorizes entry or continued stay despite criminal inadmissibility when, in the officer’s view, the need to travel outweighs the risk. It can be considered at a visa office or at the port of entry, issued for a set period (often months, sometimes up to three years), and may be cancelled at any time. It does not erase criminal inadmissibility.
When appropriate: Typical where less than five years have passed since completion of all parts of the sentence (see calculation rules below), or where urgent travel is required before a rehabilitation decision is possible. The assessment weighs: purpose of travel, seriousness and pattern of offending, proof that all sentence terms are finished, conduct since the offence, and whether a permanent remedy (rehabilitation) is available.
Work/study while in Canada: If a TRP is valid for six months or more, the holder (or certain family members) may apply in Canada for a work or study permit during that
validity.
Bonus Point: If the TRP is valid ≥ 6 months, you may apply in Canada for a work or study permit during its validity.
Government of Canada+1
B) Criminal Rehabilitation (5+ years since you finished your sentence)
® Criminal Rehabilitation permanently resolves the inadmissibility (for the offence(s) assessed). A one-time application that, if approved, removes criminal inadmissibility for the offence(s) assessed. The result is a written approval decision (approval letter). After approval, you still must be admissible on other grounds and,
if applicable, hold the correct travel authorization. CR does not expire for the covered past offences (unless you re-offend).
Core eligibility: You may apply when at least five (5) years have passed since the end of every part of the sentence (custody, parole/probation, payment of fines/restitution, mandatory programs, and any suspensions such as driving prohibitions). IRCC also notes scenarios measured from the date of the act when no conviction was entered.
Effect of approval: Once CR is approved, a TRP is no longer required for those same offences, but routine admissibility checks still apply (e.g., health, security). The CR approval letter itself is not a travel document.
C) Deemed Rehabilitation
A no-application pathway available only when strict legal criteria are met. Generally, a person may be deemed rehabilitated at the border if enough time has passed since completion of sentence, the conduct maps to an offence in Canada with a maximum penalty of less than 10 years, and other conditions are satisfied. Officers determine this case-by-case; travellers must carry full court records and proof of completion.
Typical thresholds (high-level):
- One foreign offence equivalent to an indictable offence in Canada with a maximum < 10 years → 10 years after completion of sentence.
Quick chooser (U.S. citizens & residents)
- Trip in the near term, < 5 years since sentence completion: TRP at the border or via visa office. Build a strong purpose-of-travel file. Government of Canada+1
- Long-term/ongoing travel or settlement, ≥ 5 years since completion: Criminal Rehabilitation so you don’t rely on TRPs. Start early. Government of Canada
Calculating the 5-year waiting period for CR
The five years normally run after the end of every part of the sentence:
- Fines/restitution: from the date the last payment cleared;
- Probation: from the end of probation;
- Driving prohibitions: from the end date of the prohibition;
Custody/parole: from completion of custody and any parole terms. IRCC’s guide provides worked examples (e.g., DUI licence suspension, short jail term + completion dates).
Where to apply (TRP, Criminal Rehabilitation, Deemed Rehabilitation)
Temporary Resident Permit (TRP)
- Port of Entry (POE): A&M Law Canadian Immigration can prepare that application that you may submit when arrive at a Canadian land border or airport (discretionary decision made on the spot).
- Before travel (visa office): ): A&M Law Canadian Immigration can prepare that application that U.S.–based applicants file by mail/courier to the Consulate General of Canada in Los Angeles (Immigration Section).
Criminal Rehabilitation (Individual CR)
- Submit to a visa office: U.S.–based applicants file by mail/courier to the Consulate General of Canada in New York (Immigration Section). If you’re also applying for a visitor visa, study or work permit, you may be instructed to submit together via a Visa Application Centre. Check the IRCC “where to submit” tool for your country/region. IRCC
At-the-border realities (driving or flying from the U.S.)
- Discretion: TRPs are never guaranteed. Be prepared to demonstrate why you need to enter now and why you’re low risk. Government of Canada
What clients can expect from A&M Canadian Immigration Law Corporation
A&M Canadian Immigration Law Corporation delivers a fully managed pathway for travellers facing criminal inadmissibility whether the solution is a Temporary Resident
Permit (TRP), Criminal Rehabilitation (CR), or Deemed Rehabilitation. The mandate is simple: a smooth, professional experience with officer-ready
submissions.
- Clear pathway selection: Precise eligibility mapping (TRP vs. CR vs. Deemed Rehabilitation), offence-equivalency analysis under Canadian law, and exact 5-year/10-year threshold calculations—so the right remedy is chosen the first time.
- Evidence built to IRCC standards: Certified court dispositions, proof of sentence completion (fines, probation, suspensions), police certificates, and reform/character evidence that is organized, indexed, translated, and cross-checked for consistency.
- Border and consulate readiness: Port-of-entry (POE) briefing notes, document order, and purpose-of-travel materials that speak to the “benefits outweigh risk” test; guidance when
pairing CR with a visitor visa, work permit, or study permit.
- Active file management: Proactive updates, quick responses to officer requests, and clear next steps so clients aren’t chasing portals or paperwork.
Ready to proceed? Cross the border with confidence by booking your online Zoom Meeting consultation with A&M Canadian Immigration Law Corporation. Book Now!
Key sources (IRCC)
- TRPs — overview & processing menu (official manual landing page). Government of Canada
- TRPs — when to consider issuing (balance need vs. risk; discretionary; POE). Government of Canada
- TRPs — eligibility & assessment (temporary status; ≥ 6-month TRP →
work/study permits; POE requests). Government of Canada - TRPs — criminality-specific considerations (risk factors; frequent travellers;
counsel to seek rehab). Government of Canada - Public guide — Overcome criminal convictions (TRP vs. rehab; deemed rehab
criteria; 5-year rules; processing can exceed a year). Government of Canada - Application package — Criminal Rehabilitation (IMM 1444 + U.S. checklist IMM 5939).
