IMM 1444 Canada Criminal Rehabilitation Application Form

If a US citizen has a criminal record, even if it is only a misdemeanor DUI, they will often be considered criminally inadmissible to Canada unless they successfully petition for special access to the country. In order to gain access to Canada with a misdemeanor or felony, an American can apply for Criminal Rehabilitation (CR) which can permanently overcome a person's inadmissibility to the nation. Applying for CR is a complex legal procedure, part of which includes filling out Immigration, Refugees and Citizenship Canada (IRCC) application form IMM1444. In order to be eligible to apply for Canadian Rehabilitation, all sentencing including any probation must have been finished at least five years ago.

Some people look at the IRCC IMM 1444 PDF and foolishly think that applying for Criminal Rehabilitation is a breeze. Even though the Canada IMM1444 form is only a few pages long, most successful Criminal Rehabilitation applications contain at least 40 pages of paperwork. In addition to requiring a substantial amount of information such as address & employment history since age 18, as well as details surrounding the offense or offenses, the Government of Canada typically wants to know the exact language of each statute an offender was charged and convicted under and how those crimes equate to Canadian law. This information should be supported with court documentation and copies of the relevant criminal laws in both jurisdictions. Evidence of rehabilitation as well as fingerprint-based background checks at state and national level may also be requisite, and reference letters and other supporting documentation can further strengthen a Rehabilitation application. If an application contains any errors or omissions, even if they are small, it could be denied!

After looking at the Criminal Rehabilitation checklist and realizing just how extensive the process is, many Americans hire a Canadian immigration lawyer to prepare and submit a CR application on their behalf. Once an immigration attorney is retained, a client will not need to bother trying to locate and download the IMM 1444 Canada form as their counsel will handle such matters for them. In order to get approved, an applicant must provide evidence they are eligible for Rehabilitation, which involves showing every element of their sentence was completed more than five years before their application was submitted. A copy of a court disposition containing sentencing information can be used to help support such claims.

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Why Is IMM 1444 Not a Submittable Form Online?

The Government of Canada IMM1444 Criminal Rehabilitation application form is a PDF document, and consequently may be viewed inside certain web browsers such as Chrome, Firefox, and Internet Explorer. This can make it seem like an online form that can be filled out and instantly submitted on the Canada.ca website, but this is simply not true! It is not possible to submit the IMM 1444 form on the Government of Canada website, a Criminal Rehabilitation application package (which should contain a filled out IMM 1444 form) must be mailed away to the appropriate Canadian consulate or visa office for official processing. Even though the IMM1444 Canada PDF is online, it is not an entirely online process done solely on the Canadian Government website which is why there is no submit button at the bottom of the application form. In some cases, an IMM 1444 Rehabilitation application can be electronically submitted by an IRCC authorized representative such as an immigration lawyer.

Where Do I Find IMM 1444?

It is possible to download the Criminal Rehabilitation form (IMM1444) from the official Government of Canada website which is Canada.ca (look in the immigration section of the website). The document's file name is imm1444e.pdf and it can typically be opened in Adobe Reader or Adobe Acrobat. In addition to the Application for Criminal Rehabilitation [IMM 1444], the Canada.ca website contains a Criminal Rehabilitation Document Checklist [IMM 5507], Criminal Rehabilitation Instruction Guide [IMM 5313], and a Criminal Rehabilitation Use of a Representative form [IMM 5476].

Do I Even Need IMM 1444 to Enter Canada?

Not all US citizens with a DUI conviction will be stuck completing an IMM 1444 form in order to cross the border. Americans with a lone DUI or DWI may also qualify for "grandfathered" Deemed Rehabilitation ten years after their sentencing was completed provided the date of arrest was prior to Canada changing their DUI laws. Since drunk driving is now considered too serious a crime for automatic Deemed Rehabilitation, an attorney should always be consulted regarding eligibility under the old rules. If someone has more than one misdemeanor, or a felony conviction, they will likely need IMM 1444 to overcome their inadmissibility regardless of how long ago the offenses transpired. Examples of crimes that can render a US citizen inadmissible to Canada include domestic violence, theft, fraud, resisting arrest, reckless driving, and harassment.

If a person went through a conditional discharge program or deferred judgment program that resulted in the dismissal of their charge, they may no longer be inadmissible to Canada and therefore may not have a need for the IMM1444E document, but again a qualified legal professional should always be consulted. If entry to Canada is urgent, applying for a Temporary Resident Permit (TRP) may be necessary and the IMM 1444 application form can also be used even though the application itself differs from a Rehabilitation application.

IMM 1444 Canada TRP vs. Criminal Rehabilitation

Since the process to apply for TRP Canada entry is similar to the process of applying for Criminal Rehabilitation, the IRCC IMM 1444 application form can be used for both. Be careful, however, as any IMM 1444 instructions or IMM 1444 guide you find on the Internet may be specific to one application or the other. If a person is not yet eligible for permanent Rehabilitation, but needs to attend an important business meeting in Toronto or Vancouver or some other area of the country, he or she may use the IMM1444 Canada application form to request a short-term waiver. The instructions for applying for a TRP are not the exact same as the instructions for applying for Rehabilitation despite both using form IMM1444E.

IMM 1444 Processing Time

The IMM1444 processing time can vary substantially depending on whether someone is using the application form to apply for a Temporary Resident Permit or to apply for Rehabilitation. The IMM 1444 TRP application processing time is usually a minimum of 3 to 6 months if submitted to the Canadian consulate in Los Angeles, while the IMM 1444 Criminal Rehabilitation processing time is typically a minimum of 9 to 12 months if submitted to the Canadian consulate in New York City. These processing times can change, however, so if you are concerned your IMM 1444 form and DUI entry application might not be processed before a planned trip, it is advisable to contact the law office of an experienced attorney to discuss current IMM 1444 processing times and your available options.

In urgent situations, it can be possible to bring a completed IMM 1444 form and supporting documentation to the Canadian border to request an expedited Temporary Resident Permit, but this obviously is risky and professional assistance is advisable. If an American is interested in expedited Criminal Rehabilitation, a Canadian immigration lawyer can often submit a client's IMM 1444 paperwork electronically (instead of mailing it away), which can potentially reduce the processing time substantially.

IMM 1444 Document Checklist

The Government of Canada IMM 1444 document checklist can be a bit confusing for some people because it does not explicitly mention which documents are needed for a TRP application, which for a Criminal Rehabilitation application, and which are needed for both. Some of the items included in the document checklist for Americans are:

• Application for Criminal Rehabilitation Form IMM 1444 (imm1444e.pdf)
• Use of a Representative Form IMM 5476 (which lets a Canadian lawyer prepare and submit an IMM 1444 application on your behalf)
• Pages from your passport that clearly show full name, date of birth, and country of birth
• A copy of an applicant's American driver's license and USA birth certificate (for US citizens that do not have a passport)
• A copy of each court judgment made against you that shows the charge, section of law you were charged under, the final verdict, and the sentence invoked
• A copy of the laws under which you were charged or convicted
• Any documents related to the imposed sentence, probation, parole, or other sentencing information (for example: court records, judge's comments, probation reports, certificate of rehabilitation, etc)
• An original FBI certificate (also called an FBI Identity History Summary)
• An original criminal clearance from police authorities in any other country you have lived in for six consecutive months or longer since the age of 18
• Proof of payment of government processing fee (copy of Internet receipt)

IMM 1444 Cost

The cost of an IMM1444 application can depend on a person's criminal history. If a person is applying for a Canada entry waiver with a single misdemeanor, the IMM 1444 cost for government processing may only be USD 175 / CAD 229.77. If a person has a felony conviction that equates to serious criminality in Canada, however, the Criminal Rehabilitation price for IMM 1444 processing could be USD 875 / CAD 1,148.87. If you are interested in IMM1444 but found the IMM 1444 instructions and IMM 1444 guide on Canada.ca to be confusing, a Canadian immigration attorney may be worth considering. If you are unsure if your situation constitutes serious criminality, a qualified professional should also be consulted.

Questions about IMM 1444 Canada Rehabilitation? Phone our legal team today for a free consultation!