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Entering with 2 simple misdemeanors - Walleye Message Central
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  #1  
Old 05-05-2015, 08:13 PM
johnboat johnboat is offline
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Default Entering with 2 simple misdemeanors

Like most, I am bored with such questions as they seem common. But after trying to figure this out for a member of our group I understand why there are so many of thee questions asked. THERE SEEMS TO BE NO STRAIGHT ANSWER as to whether this person will be allowed through.

Situation:
21 year old has received a public intoxication and a 3rd degree harassment (by electronic device, dang social media, the least of harassment charges) each within the last aprox 6 months. The Public Intox was just a ticket and the harassment was 12 months "informal or unsupervised" probation, and considered a simple misdemeanor. I had them call the NOTO number listed above and it seems they just have info on DUI. And the person suggested to call the Border and ask for Immigration, which was done.
After giving them the info the lady at the Border said she would have to check and call back. After a few hours she called back and said he was deemed inadmissible for 5 years. I asked if the lady offered any type of "rehabilitation" and the young man said he wasn't sure. He said anything she said after "inadmissible for 5 years " had his head spinning and couldn't think right.

So I read a bunch online and make a few calls. All the legal reading is, quite frankly, just to unclear to me what the answer is. The calls I make aren't much more concrete in answering Yes or No. Or worse yet some say yes, and others say no. The only common response is "that it is up to the officer on duty at the point of entry" I understand National Security, but a twelve hour drive is a long way to go to find out the answer to a question that I can't see why can't be answered by phone.

The young man said the judge did give him a paper that mentioned he was not restricted to travel outside of the USA. I am not sure if that is because he is in the Military or not. Our group is booked to leave in 3 weeks.

If any other info would help in determining an answer, please ask and I will find out.

Does anybody know where I can find out EXACTLY what will happen, or needs to be done? I would prefer talking to someone instead of trying to interpret the legal verbage.

Thank you for any help regarding this.
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  #2  
Old 05-05-2015, 08:54 PM
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v-bay gord v-bay gord is online now
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I would suggest phoning the border where you will be crossing and ask to talk to the supervisor.
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Old 05-05-2015, 11:09 PM
johnboat johnboat is offline
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I had called twice. One said it was at the discretion of officer on duty. Another said anyone with a misdemeanor is never allowed in.
I mentioned that in 2012 i thought things had changed slightly and people with Dui's could now get in and she said that wasn't true and no one with any misdemeanor is ever allowed in.
This is the frustrating part.
The number I called was 807 274 3655. From what I could find that was the Ft Francis office.
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Old 05-05-2015, 11:37 PM
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97roughneck 97roughneck is offline
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I have no solution to your problem but I do have two schools of thought about it-

1) That's ridiculous. Tell Canada to kiss your glass and do your fishing at home. Lots of walleyes in the good ol' USA.

2) This young man just learned an invaluable lesson- that actions have consequences. Time to man up and do a 5 yr. bit. Bet he doesn't do it again.
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Old 05-05-2015, 11:55 PM
johnboat johnboat is offline
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I whole heartedly concur with you on both counts. Our 12 man group that has been together for 12 years would certainly make a camp owner in the USA within 16 hours of home very happy.
And there is no doubt the lesson is learned.
Due to some health reasons in our group this year is very disheartening not to be complete, assuming this lad can't come.
Thank for the reply.
Still hoping someone can help out. Anybody?.........

All replies appreciated. Not just looking for false hope. Looking for an answer.
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Old 05-06-2015, 05:30 AM
btyreprich btyreprich is offline
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Default Entering with 2 simple misdemeanors

Ever consider contacting a Canadian consulate or even their embassy about this situation?
They might offer a solution to this problem. Like I said, they might.
The diplomatic staff could direct you to a Canadian lawyer who is experienced in these matters and possibly help get this resolved in a court.
I am certainly not a lawyer nor have any experience in a Canadian court of law, but I have to think that a judge would be inclined to help out a person with 2 minor offenses that has gone through the legal channels for help.
Best of luck on this. I'd be so sad if I or my son were ever in this situation. Sure there is great fishing in the U.S., but there's something special about a Canadian trip.
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Old 05-06-2015, 06:36 AM
JAY221 JAY221 is offline
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I think the real question that needs to be asked is what does Canada consider these misdemeaners? to be in their eyes? They may consider one to be a felony which would make him not able to get in to Canada. Good Luck getting a straight answer! Later, Jay
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Old 05-06-2015, 06:59 AM
turkeyriver turkeyriver is offline
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We had a situation a couple years back with one of our group also. I came up empty with solid answers also. I'm not sure what pops up on the screen for border security when they scan your passport, but I think misdemeanors in the U.S. may not even show up. If it were me, I would bring an extra car and make arrangements to park it somewhere in International Falls as a backup if he can't get in. If this trip is extra special to your group it would be worth the hassle to try it. Pure speculation on my part here, but I'll bet the memo to border security this year is help the Canadian economy all you can!
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Old 05-06-2015, 07:21 AM
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The Fort Francis office is 807-274-3655, Ask to speak with Kevin Begin (pronounced bay-gin). He is the supervisor and should be able to give you an answer.
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  #10  
Old 05-06-2015, 07:36 AM
SinOrSwim SinOrSwim is offline
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Quote:
Originally Posted by johnboat View Post
I had called twice. One said it was at the discretion of officer on duty. Another said anyone with a misdemeanor is never allowed in.
I mentioned that in 2012 i thought things had changed slightly and people with Dui's could now get in and she said that wasn't true and no one with any misdemeanor is ever allowed in.
This is the frustrating part.
The number I called was 807 274 3655. From what I could find that was the Ft Francis office.

This, IF true, is what drives me crazy. It should NOT be up to the individual officer on duty. It should NEVER be up to the individual. It should either be yes or no. Nobody should have to drive all the way to the border and roll the dice on whether they will catch a border agent on a bad day. That is ridiculous.

Canada can make whatever rules it wants. I have no issues with that. But, tell us the rules and we will play by them. Don't change the rules as your individual agents see fit.

Last edited by SinOrSwim; 05-06-2015 at 07:38 AM.
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