Alaskan cruise with felony record

[veryboredcruiser]

hi, i have been checking to see if i can go on a cruise that starts/ends in USA having a stop in vancouver or victoria.

 

i am an American citizen with a white collar felony record (less than 5 years ago) for several government contracts gone bad. it was a plead deal with only a fine.

 

i have been to more than 9 alaskan cruises, so have no need to get off at vancouver/victoria (though it would be nice to visit friends...)

 

questions

1. i have read that it is not possible to get canadian government approval if it has been less than 5 years since end of probation. is there any risk that canadian police would arrest me even if i do not get off the ship

2. anyone can recommend a good attorney with expertise for cruises.

3. does Canadian immigration review criminal records before the ship departs USA to prevent a bad scenario (being led away in handcuffs?

4. similar situation for Mexican cruise?

5. similar situation for a transpacific cruise that ends in tokyo (would need to catch another cruise to leave Japan).

 

thank you.

[broberts]

Have you seen https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html?

 

[CDNPolar]

I think honestly, you should contact the cruise company.  I am sure that a cruise originating in the USA to Alaska, with a stop in Canada, they would know the answer to this.

 

Then I would contact Canada Border Services officials too, to back up any answer.

 

Just "wondering" and coming here for answers could leave you in a bad situation.

 

I have an American cousin that has a white collar felony record that was also a plea, and he lives near the US Canada border and he loved to come to see baseball games in Toronto.  Nope, not now.  He has a long process that first starts with 5 years after probation then an application for entry that could take some time to process.

 

I personally don't think that you would be arrested and removed from the ship, but you may not be able to leave the ship in Canada.  OR, you may be denied boarding at your starting point.  This is personal opinion and not backed with any facts.

 

Call the cruise company and back that with a call to Canada Border Services.

[rodndonna]

11 hours ago, veryboredcruiser said:

 

 

questions

1. i have read that it is not possible to get canadian government approval if it has been less than 5 years since end of probation. is there any risk that canadian police would arrest me even if i do not get off the ship

 

 

PURELY my speculation - I cannot imagine why the Canadian police would want to come on to a ship and arrest you?  To arrest and then what - have a trial for for you for something that happened and was dealt with in another country? 

 

Canada's only involvement (I "believe") is whether you are entitled to enter Canada or not. If you don't leave the ship, you are not entering Canada.

 

[broberts]

3 minutes ago, rodndonna said:

. If you don't leave the ship, you are not entering Canada.

 

Untrue. 

[rodndonna]

5 minutes ago, broberts said:

 

Untrue. 

 

If that is the case, it sounds like it would be up tp the ship to verify his eligibility to enter Canada before taking him/her on board, so that should at least simplify things. 

 

 

[broberts]

15 minutes ago, rodndonna said:

 

If that is the case, it sounds like it would be up tp the ship to verify his eligibility to enter Canada before taking him/her on board, so that should at least simplify things. 

 

 

 

No, the cruise contract is quite clear that it is the responsibility of the passenger. Being allowed to board is no assurance that one may be allowed into a country.

 

There is at least one thread on CC that discusses this. I recall a post from one that was a first person account of someone with a DUI. When the ship ported CBSA came aboard and had a chat with him.

[veryboredcruiser]

12 hours ago, broberts said:

Have you seen https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/overcome-criminal-convictions.html?

thanks. i have seen this article. unfortunately, i do not qualify due to 5 year minimum after probation.

 

[CDNPolar]

I think that your only solution is to contact the cruise line and be honest with your situation, and they may or may not be able to tell you a definitive answer, and then call Canada Border Services.  

 

The fact is that you are entering Canada even if you don't get off the ship.  You are in Canadian waters and ports.

 

You may not be eligible unless you are on a ship that does not stop in Canada.

[veryboredcruiser]

3 hours ago, CDNPolar said:

I think honestly, you should contact the cruise company.  I am sure that a cruise originating in the USA to Alaska, with a stop in Canada, they would know the answer to this.

 

Then I would contact Canada Border Services officials too, to back up any answer.

 

Just "wondering" and coming here for answers could leave you in a bad situation.

 

I have an American cousin that has a white collar felony record that was also a plea, and he lives near the US Canada border and he loved to come to see baseball games in Toronto.  Nope, not now.  He has a long process that first starts with 5 years after probation then an application for entry that could take some time to process.

 

I personally don't think that you would be arrested and removed from the ship, but you may not be able to leave the ship in Canada.  OR, you may be denied boarding at your starting point.  This is personal opinion and not backed with any facts.

 

Call the cruise company and back that with a call to Canada Border Services.

thanks for the response.

yes, i do not believe i would be arrested if i stay on the boat, but i want to be careful.

being careless was what got our company in trouble with the feds in the first place.

i am reaching out to law firms to be more sure.

we talked to cruise companies but they said we should contact the canadian consulate.

i reached out multiple times to canadian immigration but cannot get a reply.

 

[CDNPolar]

Call the toll free number:

 

[CDNPolar]

Not sure "immigration" can help you.

 

Contact the above - here is the web address:

 

 

[veryboredcruiser]

1 hour ago, rodndonna said:

 

PURELY my speculation - I cannot imagine why the Canadian police would want to come on to a ship and arrest you?  To arrest and then what - have a trial for for you for something that happened and was dealt with in another country? 

 

Canada's only involvement (I "believe") is whether you are entitled to enter Canada or not. If you don't leave the ship, you are not entering Canada.

 

i believe being on the ship counts as being in canada even if you do not get off the ship.

that is why i am being paranoid about this.

being careless with procedures was what got us in trouble in the first place.

 

i think the canada government has better things to do to waste their time on me.

however, you never know if some border officers may be having a bad day...

[CDNPolar]

From a Canadian law firm:

 

Travelling to Alaska

Whenever an American decides they would like to travel to Alaska, whether for business reasons, for leisure or for family, they must pass through Canada in order to enter Alaska. If the American has criminal inadmissibility issues that are not resolved, this may cause complications at the Canadian border. The Canadian Immigration officers at Canadian borders still assess whether the foreign national, in this case the American, is admissible to Canada or not. If they do see that the American is criminally inadmissible to Canada, they can refuse their entry into Canada and thus the trip to Alaska would never happen. Therefore, it is best to determine first whether you are criminally inadmissible to Canada before planning a trip to Alaska. Remember, it is essential to enter and exit Canada to arrive in Alaska. Many Americans travel to Alaska for its beautiful and enchanting nature and scenic views. There are many Alaskan cruises that are a popular activity that a lot of Americans like to engage in. Because of the icy scenes, it is an alternative travel destination for Americans, compared to other more tropical places in the United States. Moreover, if an American wants to go on an Alaskan cruise, they also have to consider their inadmissibility issues to Canada as these cruises often have a stop in Canada. The most popular stops are usually in Victoria or Vancouver, British Columbia. Therefore, if an American with criminal inadmissibility decides to go on one of these cruises and potentially visits any destination in Canada, they must ensure their criminal inadmissibility will not prevent them. Essentially, they must first overcome their criminal inadmissibility before going on the cruise. In the worst case scenario, if they have successfully boarded the Alaskan cruise ship and they touch down in a Canadian city, and the Immigration officer finds out that they are criminally inadmissible, they can potentially ask the American to be escorted off the cruise ship and return back to the United States. This would be very unfortunate for any individual who has paid a large amount of money to be on a cruise and to be sent back home for inadmissibility that could have been resolved beforehand.

[CDNPolar]

This is no different than transiting through a country by air.  You have no intention to stay in that country, but you must be legally admissible just to transit through.

 

For instance, I just came back from Australia.  I was transiting through SFO.  I had to collect my bags and present to US Immigration.  If I was not admissible to the US, I would not be allowed to continue my journey on to Canada without being supervised to the flight.

 

Once I have cleared immigration and am "loose" in the airport I could walk out the door and be in the USA free and clear, but not legally.

 

I would not suggest that the CBSA have better things to do...  My bet is they would find you.

[veryboredcruiser]

8 minutes ago, CDNPolar said:

Not sure "immigration" can help you.

 

Contact the above - here is the web address:

 

 

thanks for suggesting this.

i will call their 800 number to get a human being to ask

i found a cbsa link for processing of cruise ships

https://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-3-7-eng.html

i would imagine that canada border control would not bother with me if i stay on the ship.

i just want to make sure i do not get special treatment if someone is having a bad day...

[CDNPolar]

1 minute ago, veryboredcruiser said:

thanks for suggesting this.

i will call their 800 number to get a human being to ask

i found a cbsa link for processing of cruise ships

https://www.cbsa-asfc.gc.ca/publications/dm-md/d2/d2-3-7-eng.html

i would imagine that canada border control would not bother with me if i stay on the ship.

i just want to make sure i do not get special treatment if someone is having a bad day...

Please let us know what you find out.

[veryboredcruiser]

7 minutes ago, CDNPolar said:

From a Canadian law firm:

 

Travelling to Alaska

Whenever an American decides they would like to travel to Alaska, whether for business reasons, for leisure or for family, they must pass through Canada in order to enter Alaska. If the American has criminal inadmissibility issues that are not resolved, this may cause complications at the Canadian border. The Canadian Immigration officers at Canadian borders still assess whether the foreign national, in this case the American, is admissible to Canada or not. If they do see that the American is criminally inadmissible to Canada, they can refuse their entry into Canada and thus the trip to Alaska would never happen. Therefore, it is best to determine first whether you are criminally inadmissible to Canada before planning a trip to Alaska. Remember, it is essential to enter and exit Canada to arrive in Alaska. Many Americans travel to Alaska for its beautiful and enchanting nature and scenic views. There are many Alaskan cruises that are a popular activity that a lot of Americans like to engage in. Because of the icy scenes, it is an alternative travel destination for Americans, compared to other more tropical places in the United States. Moreover, if an American wants to go on an Alaskan cruise, they also have to consider their inadmissibility issues to Canada as these cruises often have a stop in Canada. The most popular stops are usually in Victoria or Vancouver, British Columbia. Therefore, if an American with criminal inadmissibility decides to go on one of these cruises and potentially visits any destination in Canada, they must ensure their criminal inadmissibility will not prevent them. Essentially, they must first overcome their criminal inadmissibility before going on the cruise. In the worst case scenario, if they have successfully boarded the Alaskan cruise ship and they touch down in a Canadian city, and the Immigration officer finds out that they are criminally inadmissible, they can potentially ask the American to be escorted off the cruise ship and return back to the United States. This would be very unfortunate for any individual who has paid a large amount of money to be on a cruise and to be sent back home for inadmissibility that could have been resolved beforehand.

 

thank you for the info. which law firm is this?  i dont mind spending some money on this to protect myself from the worse case scenario. 

the primary reason i want to go on the cruise is that i want to accompany my 80 year old mother who wants to travel by cruise ship instead of fly.

[veryboredcruiser]

4 minutes ago, CDNPolar said:

This is no different than transiting through a country by air.  You have no intention to stay in that country, but you must be legally admissible just to transit through.

 

For instance, I just came back from Australia.  I was transiting through SFO.  I had to collect my bags and present to US Immigration.  If I was not admissible to the US, I would not be allowed to continue my journey on to Canada without being supervised to the flight.

 

Once I have cleared immigration and am "loose" in the airport I could walk out the door and be in the USA free and clear, but not legally.

 

I would not suggest that the CBSA have better things to do...  My bet is they would find you.

 

oh i am quite sure CBSA would know i am on the ship.

i meant they probably have better things to than to arrest someone on the ship and ship them back to usa. especially when the person is leaving canada in a few hours via the cruise ship... 

[CDNPolar]

Just now, veryboredcruiser said:

 

oh i am quite sure CBSA would know i am on the ship.

i meant they probably have better things to than to arrest someone on the ship and ship them back to usa. especially when the person is leaving canada in a few hours via the cruise ship... 

 

 

Here is the thing... there is no physical barrier to you leaving the ship.  Once CBSA "clears" the ship, there is nothing to stop you from getting off.

 

This is where my thought process is that they have the passport information of everyone on the ship and they run all of that... they will find you and potentially escort you off.

[CDNPolar]

Here is the link to the article.  It will give you more and also contact informtaion.

 

https://deniedentryintocanada.com/denied-entry-to-canada/travelling-alaska-criminal-inadmissibility.html

[veryboredcruiser]

3 minutes ago, CDNPolar said:

 

 

Here is the thing... there is no physical barrier to you leaving the ship.  Once CBSA "clears" the ship, there is nothing to stop you from getting off.

 

This is where my thought process is that they have the passport information of everyone on the ship and they run all of that... they will find you and potentially escort you off.

 

it has been about 7 years since my last cruise. i vaguely remember that i would need to go to an immigration officer when i get off the ship. however not quite sure for canada...

[veryboredcruiser]

6 minutes ago, CDNPolar said:

Here is the link to the article.  It will give you more and also contact informtaion.

 

https://deniedentryintocanada.com/denied-entry-to-canada/travelling-alaska-criminal-inadmissibility.html

perfect thank you.

i have already contacted several law firm.

the first response is that i am fine if i stay on the ship.

this article says something else-  that is i may never be able to get on the ship in the first place

i will definitely call them

the only problem is that they probably cannot make any money from me right now as they do paperwork for people who are past the 5 year mark...

[broberts]

Have you established that the conviction is for behavior that would be deemed a felony under Canadian law?

[veryboredcruiser]

1 minute ago, broberts said:

Have you established that the conviction is for behavior that would be deemed a felony under Canadian law?

 

the charge is for wire fraud in government contracting. specifically, the government was angry that we had 3 contracts that developed high tech devices made of 3 different materials. we thought that different semiconductor materials meant the projects were not substantially equivalent, but the government did not see it that way. when the attorney said the government wins 99% of the time in federal court, we made the plead deal.

 

fraud is a serious crime under Canadian law, so i presume this counts as a felony in canadian law.