For the Defense - Volume 1, Issue 3 - 2016 - 54

removes inadmissibility after ARD, as a conviction is avoided. Criminal defense attorneys should counsel their clients to attend classes or programs geared at rehabilitation if convicted of an offense that would render them inadmissible to Canada. This tactic neither removes nor shortens the period of inadmissibility; rather, it improves their chances of successfully applying for relief to the Canadian government after the prescribed period by convincingly demonstrating the applicant's low risk of reoffending. This can include a proof of enrollment in drug or alcohol rehabilitation programs as well as anger management programs. The more an individual can demonstrate that he has become a responsible and valued member of the community who is unlikely to reoffend, the greater the likelihood that the applicant's immigration application will be approved. This applies equally to applications for temporary travel as well as permanent rehabilitation. II. Less than 5 years after Completing a Sentence - TRP If it has been less than 5 years since the completion of the sentence (including jail time, community service hours, driver's license suspension, probation, and fee payment), American citizens with a past criminal conviction are considered inadmissible to Canada. Consequently, they must apply for a Temporary Resident Permit (TRP), in order to overcome their traveling prohibitions temporarily.5 A TRP allows an individual to overcome their inadmissibility for a specified reason for travel 54 For The Defense | Vol. 1, Issue 3 and for a specific period of time. The applicant is required to demonstrate that there is a reason for travel that is beneficial to Canada. A Temporary Resident Permit will help an inadmissible person gain entry to Canada, on temporary grounds. In other words, a TRP can only be used for entry to Canada as a foreign worker, foreign student or as a visitor but not for any permanent residency processes. When reviewing a TRP application, Canadian border officials have to ascertain that the likelihood of a security and safety threat is low. Thus, prior to applying for a TRP, the applicant or the applicant's representative should consider a number of factors. For instance, individual inadmissibility depends on the number of the offenses committed, when the sentence for the offenses were completed, as well as the severity and types of offenses committed. Although one can apply for a TRP immediately after completing the sentence, the chance of success increases if more time has passed. Serious convictions such as those involving bodily harm or the use of weapon are more likely to bring additional challenges in the application process. Moreover, in order to have a TRP granted by the Canadian authorities, an individual has to provide a compelling reason for his or her visit to Canada. Compelling reasons to visit Canada can include an individual's economic, humanitarian, scientific, or academic interests. An economic (employment) interest is generally considered to be a compelling reason as long as it makes the applicant's presence in Canada necessary. The person applying for a TRP has to demonstrate a particular set of skills that may be unique thereby making that person essential to a specific organization located in Canada. The applicant also has to show how his or her presence will benefit the Canadian economy. In other words, the applicant has to demonstrate his or her potential economic contribution to Canada. Among such business professionals trying to gain entry into Canada are individuals who may look for ways to grow their business, invest or advance their business relationships in Canada. In addition, a cross-border business may include buying Canadian goods or services, going to conferences

Table of Contents for the Digital Edition of For the Defense - Volume 1, Issue 3 - 2016