Other Issues in Criminal Matters (1:VIII): Difference between revisions
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, 8 August 2024→Inadmissibility to the United States
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Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that was once contained in CPIC such as a conditional discharge prior to the fulfilment of the conditions, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person’s ability to travel, but the exact impact will depend entirely on the policies of the host country. The safest course is to avoid travelling out of the country when there are any convictions appearing on CPIC and to save travel plans until those records are purged from CPIC. | Each individual country controls entry to its territory and the impact of a criminal record will vary depending on where a person is trying to travel (and often the person working at customs). Canada and the US share a great deal of intelligence, such as CPIC, and American authorities will use this information when deciding whether or not to admit a person. A criminal conviction could be grounds to deny entry. While discharges are not convictions under Canadian law, American authorities do not make this distinction. Also, information that was once contained in CPIC such as a conditional discharge prior to the fulfilment of the conditions, which was accessed by the American database prior to it being purged from CPIC, may not be erased from American databases. Thus, a criminal history could affect a person’s ability to travel, but the exact impact will depend entirely on the policies of the host country. The safest course is to avoid travelling out of the country when there are any convictions appearing on CPIC and to save travel plans until those records are purged from CPIC. | ||
Admissibility to the US is determined in accordance with the Immigration and Nationality Act , 8 USC 1182 [“INA”]. Section 212(a)(2)(A) of the INA states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931)), or violates any law relating to a controlled substance (s 102, Controlled Substances Act, 21 USC 802). A person is also inadmissible to the US if they commit two or more criminal offences whose convictions have a combined sentence of five years or more. Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences. | Admissibility to the US is determined in accordance with the [https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act ''Immigration and Nationality Act'', 8 USC 1182 [“INA”<nowiki>]</nowiki>]. Section 212(a)(2)(A) of the INA states that a person is inadmissible if they commit a crime involving “moral turpitude” (i.e., shocks the public conscience; see Wing v United States 46 f2d 755 (7th Cir 1931)), or violates any law relating to a controlled substance (s 102, Controlled Substances Act, 21 USC 802). A person is also inadmissible to the US if they commit two or more criminal offences whose convictions have a combined sentence of five years or more. Finally, an immigration officer can deny entry into the US if they have “reason to believe” that the individual has committed drug trafficking, prostitution, or money laundering offences. | ||
:'''NOTE:''' A conviction as defined in section 101(a)(48)(A) of the INA, includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences are considered convictions. Consult '''Chapter 18: Immigration Law''' for more information. | :'''NOTE:''' A conviction as defined in section 101(a)(48)(A) of the INA, includes any form of punishment, penalty, or restraint of liberty, which is ordered by the court. This means that conditional discharges and suspended sentences are considered convictions. Consult '''Chapter 18: Immigration Law''' for more information. |