Bad Check offences, often known as “Non-Sufficient Funds”, are treated as “False Pretenses” under the Canadian criminal code and therefore will render a foreign person inadmissible. If the Bad Check in question is over $5,000, the foreign person may be declared inadmissible under “serious criminality.”
Not all bad check offences will render a person inadmissible. In Canada, certain elements of “bad intentions” are needed to obtain a conviction. In many US jurisdictions, however, a bad check is automatically presumed to be intentional.
If you have been convicted of a bad check offence, our firm can compare the relevant statutes where the conviction took place to the Canadian code to assess if the US has a broader NSF interpretation. If it does, and if the mere bad check offence implies that the client “did it on purpose”, our firm may be able to prepare a legal opinion of non-inadmissibility.
Bad Check offences are one of the top inadmissible cases for US residents. We have considerable experience in dealing with this situation and have learned what works and what doesn’t when determining if the US offence equates to inadmissibility under the Canadian criminal code.
Our Firm can also assist you in getting the Bad Check offence permanently resolved by way of a Criminal Rehabilitation application to a Canadian Consulate or Embassy. Alternately, if your travel is urgent and compelling, we can assist in finding a lawful entry solution by way of a Temporary Resident Permit which can override your inadmissibility for a limited period of time.
If you have a bad check offence, we recommend contacting our office to determine whether, given your set of circumstances, this would constitute inadmissibility. If inadmissible due to a bad check offence, our firm may be able to prepare a special waiver (Temporary Resident Permit) or file a pardon (Criminal Rehabilitation) that will permanently resolve your entry into Canada.