Legal Opinion Letters
The knowledge and expertise of an expert in Canadian immigration law can be incredibly helpful when dealing with complex inadmissibility issues. A legal opinion letter from a Canadian immigration attorney may help to explain and prove to a Canadian Border Services Agency (CBSA) officer that a person is in fact not criminally inadmissible to Canada.
What is a Legal Opinion Letter?
A legal opinion letter is a letter drafted by an immigration lawyer to explain your case to the CBSA officers and present justification for why you should not be considered to be inadmissible to Canada with supporting evidence.
A legal opinion letter is highly recommended if you:
- Have a pending charge
- Are crossing the border for the first time as deemed rehabilitated
- Believe you have a non-conviction(s) on your record such as a dismissed charge, expunged record, deferred imposition, or a pre-trial diversion.
Your immigration lawyer can analyze your records and ensure that you should not be considered inadmissible. An opinion letter from a credible lawyer will provide CBSA officers a clear organization of your criminal history record with the goal of minimizing any misinterpretation or complications.
Who Needs a Legal Opinion Letter?
Deemed rehabilitated
If you believe you are deemed rehabilitated, but must attend an important event in Canada (business meetings, conferences, family emergencies, etc.), you cannot afford to be turned away at the border. Especially for your first time crossing the US-Canadian border after becoming eligible for deemed rehabilitation by the passage of time, it is highly recommended to travel with a legal opinion letter drafted by an experienced lawyer for best chances of success.
A well-drafted legal opinion letter can highlight and outline the reasons why you are eligible for deemed rehabilitation for review by the border officer with a clear justification for approval. This will likely enhance your chances of a hassle-free entry and make for a less stressful trip. After your first entry into Canada, a note will likely be made into your file that you are deemed rehabilitated by the passage of time and should not be considered inadmissible.
Non-convictions
A non-conviction is a charge in which you were not convicted of, or a charge that was withdrawn or dismissed on your record. A non-conviction charge requires a complex analysis of your sentence and a careful approach as a small detail from your court notice may deem you inadmissible. If you have a non-conviction on your record, a CBSA officer may still believe you are inadmissible, a legal opinion letter could convince him otherwise.
It is important to be mindful of the fact that each state in the United States may use different terminology and definitions for a non-conviction disposition. For example, in the state of New York, a conditional discharge is still considered a conviction as it is treated similar to a suspended sentence. Thus, a conditional discharge from the State of New York will still conclude in inadmissibility. However, a conditional discharge from any other state in the U.S. will not equate to a conviction as no conviction will be registered onto your record unless you violate the conditions imposed by the court.
In order to not add further delay to your travel plans or risk a refusal, it is recommended to carry a legal opinion letter. In this case, a legal opinion letter will present a CBSA officer with the circumstances of the court ruling and the offence. A lawyer can help you justify that there is no conviction on your record, justifying your compliance with Canadian admissibility requirements.
Pending charge
A pending charge refers to a charge that is ongoing that has not been resolved in court yet. There is thus no conviction, guilty plea or guilty finding that would deem you inadmissible to Canada. However, a CBSA officer might still consider the possibility of you later being convicted of the charge and assess the equivalent Canadian law. This could lead to delays in your travels and a possible denial of entry at the border.
A legal opinion letter may explain the circumstances of your charge and support the argument that there is low risk of conviction. A lawyer is able to provide credible explanation to the CBSA officer that your pending charge does not equate to a conviction and you should not be considered inadmissible to Canada.
No federal equivalent law in Canada
A criminal conviction in your home country might not be considered a crime in Canada. If a conviction does not have an equivalent crime in Canadian law under the Act of Parliament, then criminal inadmissibility does not apply. A legal opinion letter from a Canadian lawyer can help explain why your criminal charge does not deem you inadmissible to Canada to the CBSA officer.
For example, an American criminal charge of “Possession of less than 30g of cannabis” does not have an equivalence in Canada as it is not illegal in Canada to carry less than 30g of cannabis. This should not trigger inadmissibility, but the CBSA officer might want to know more details about your case to fully ensure that you are not a threat to Canadian society.
Equivalent law in Canada is a summary offence
If you have a single conviction for a charge that equates to a summary offence in Canada, you are not inadmissible to Canada. If you do not want to risk denial or any delays in your travel plans in Canada, you may obtain a legal opinion letter to present the border officer with the Canadian equivalent law, explain why they are equivalent and elucidate that it does not trigger inadmissibility.
For example, if you have a single conviction of “Disorderly Conduct”, the Canadian equivalent law is “Disorderly Conduct” from Section 175 of the Criminal Code of Canada. This charge in Canada is a summary offence and a single summary offence does not render someone to be inadmissible. Thus, your legal opinion letter will argue the equivalence and state that the requirements for inadmissibility of the IRPA have not been met.
How Do I apply for a Legal Opinion letter?
To obtain a legal opinion letter, you need to retain a specialized immigration lawyer. The lawyer will now assess your case and determine whether there is a Canadian equivalent offence to the charge you are facing. Your legal opinion letter will be composed of a summary of your case and the argument of admissibility. You are advised to carry this document with you to the Canadian border to present to a CBSA officer or include it in your application for a permanent residence application. If you want to apply for a legal opinion letter, contact us at Canadim for a consultation with our experienced immigration lawyers.
Frequently Asked Questions
How in advance should I get a legal opinion letter?
You should consult your lawyer about your expected travel date to Canada as you will need to carry this document with you to the border. Talk about expectations on when you will acquire this letter from your lawyer and plan accordingly. If you are obtaining a legal opinion letter for the purpose of immigration, it will need to be included in your application.
Can a legal opinion letter guarantee entry into Canada?
Unfortunately, nothing can fully guarantee entry into Canada. It is up to the discretion of the CBSA officer to decide if your need to enter Canada outweighs the risks of letting you in. If the officer is not fully convinced by your legal opinion letter that you should not be considered inadmissible, they reserve the authority to turn you away at the border. However, having a legal opinion letter explain your circumstances at the border will significantly improve your chances of approval and entry.
Does a legal opinion letter expire?
A legal opinion letter does not have a set expiration date, but it is not recommended to reuse the letter. The validity and relevance of a legal opinion letter will inevitably decrease over time with changing immigration laws and the unique context of each visit to Canada.
If you obtained a legal opinion letter for deemed rehabilitation, a note should have been put into your file stating that you are no longer inadmissible to Canada by the CBSA officer on your last visit. In this case, another legal opinion letter for your next visit might not be necessary.
However, if you are charged with another offence or arrested, you should not present the legal opinion letter you obtained before said charge to a border officer as it can be seen as misleading and misrepresenting yourself.
It is important to weigh out the risks of reusing a legal opinion letter and to consider if it is necessary to retain an immigration lawyer for an updated legal opinion letter.
Can I use a legal opinion letter for multiple entries into Canada?
It is not recommended to reuse a legal opinion letter for multiple entries into Canada. If there has been no update in your criminal history, and your reasoning for seeking entrance into Canada has not changed, you may be able to reuse the letter. However, a CBSA officer might question the date the letter was written and interrogate you further on your criminality, causing delays and risking denial.
It is especially not recommended to reuse a legal opinion letter if it was originally obtained for a pending charge and you want to re-enter Canada after your charge was finalized in court. Even in the case that you were not convicted, it is recommended to carry an updated legal opinion letter that addresses your disposition of the offence and why you should not be considered to be inadmissible.
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If you have questions or concerns relating to legal opinion letters please contact us and a member of the Canadim Team will be happy to discuss your options.
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