Our firm is often asked about the implications of criminal charges for people that are not citizens of Canada or the United States.
How does having a criminal charge affect my ability to visit Canada or United States?
Sometimes, having a criminal charge means you will have trouble entering or even visiting the country.
In those situations, our firm can assist you with understanding what impact, if any, the criminal charge will have on admissibility and can also assist you with a criminal rehabilitation or waiver application.
How does having a criminal charge affect my temporary or permanent resident status in Canada or United States?
Often, our firm will also work with criminal defense lawyers while a criminal proceeding is ongoing to provide an opinion to the prosecution or judge on how the charges may impact someone’s temporary status in the country.
Our expert opinions are meant to what the immigration implications of pending criminal charges are. This opinion is often used to negotiate for a conditional discharge with the prosecution or for use by the court to have this factor weighed in during sentencing.
Immigration Legal Opinions for Criminal Lawyers
Our legal opinions are very detailed and are often used by criminal defense lawyers and firms to negotiate with the prosecution or to persuade a judge to consider the immigration implications during sentencing. Immigration legal opinions to be used in criminal proceedings contain the following information:
- Details about the criminal charge and the circumstances surrounding the charge;
- The immigration repercussions of conviction;
- Explaining the disproportionate penalization that can occur when someone with temporary or permanent resident status is convicted in comparison to a citizen;
- Inadmissibility under the Immigration and Refugee Protection Act;
- Inadmissibility under the Immigration and Nationality Act;
- The impact of a criminal conviction and sentencing, when considering the person’s individual factors.
Can my criminal lawyer write the legal opinion on the immigration implications of my case?
This question often comes up from clients who want to avoid extra fees or criminal lawyers we have not worked with before.
While experienced criminal lawyers are able to research the immigration consequences on their clients, there is value in having an opinion from a third-party expert for the following reasons:
- Credibility to help the criminal lawyer better argue your position with the prosecution or judge.
- Helps the criminal lawyer build trust with the prosecution, especially one that they may not be as familiar with.
- Helps the prosecution protect themselves from liability.
- Helps the prosecution justify their position if they offer a conditional discharge.
Legal opinions for negotiation purposes serve a similar purpose of an expert opinion at a trial. Yes, you may be able to research and come to the same conclusion, but it helps to have someone else supporting your position.
Immigration Legal Opinion - DUI Charges
An example of cases we work on frequently is when someone with temporary or permanent residence in Canada is charged with driving while impaired or under the influence. Since this is considered serious criminality, a conviction can trigger a removal from Canada for the accused. Our legal opinion discusses the person's individual circumstances, what the conviction would entail, and how the immigration repercussions are significant, and would disproportionately penalize the person compared to a Canadian citizen.
What if I still have questions?
If you still have questions or want to get an immigration legal opinion, please schedule a strategy session here or send us an email via our contact form.