Maple News reports that individuals deported from the United States may face significant challenges when attempting to enter Canada, due to shared immigration and criminal data between the two countries. Canadian border authorities are notified of any past U.S. deportation orders, including the reasons and context surrounding the removal. As a result, prior removal from the U.S. can lead to being denied entry into Canada.
Whether an individual is looking to visit, work, study, or make a permanent move to Canada, any past deportation order—especially one tied to criminality—can render them inadmissible under Canadian immigration law. This applies not only to U.S. deportations but to those from any country.
In 2020, the U.S. Immigration and Customs Enforcement (ICE) conducted over 185,000 removals, many of whom later turned their sights to Canada for resettlement. However, Maple News emphasizes that entering Canada after deportation requires careful legal consideration and potentially corrective action.
If you’ve been deported due to a criminal offense, Canada considers you criminally inadmissible. In such cases, applicants may be eligible for a process known as criminal rehabilitation—a legal remedy provided by the Canadian government to permanently overcome inadmissibility, provided the applicant has not re-offended.
Eligibility for criminal rehabilitation depends on the nature of the offense, the sentence imposed, and the amount of time that has passed since the completion of the sentence. Generally, individuals may apply five years after their full sentence has been served. A successful rehabilitation grants the right to travel to Canada freely without further concerns of inadmissibility regarding that offense.
It is crucial to demonstrate that the crime would either not be considered serious in Canada or does not fall under the category of “serious criminality.” Canadian law categorizes a crime as serious if its maximum penalty is 10 years or more. Notably, since 2018, convictions such as a DUI carry up to a 10-year sentence, turning it into serious criminality under Canadian standards.
Applications involving serious criminality undergo stricter examination, may cost $1,000 CAD, and typically take about 12 months to process. For less severe offenses, the fee is $200 CAD. Ultimately, the success of a criminal rehabilitation application depends on the individual’s ability to show they pose no threat to Canadian society.
Maple News recommends consulting immigration professionals for a thorough assessment before attempting to re-enter Canada following a foreign deportation. Taking proactive steps to resolve inadmissibility can make all the difference between being turned away at the border and starting a new chapter in Canada.