I'm wondering if anyone is having a hard time with getting approval for a transfer back to Canada. My brother's application to be transferred to Canada has been accepted by the U.S. but has been stalled in Canada.

Stockwell Day seems to be slowing the proces considerably and has been denying applications, something that was unheard of prior to him becoming Minister of Public Safety.

Does anyone have any information to help or anyone experiencing the same thing?

sorry i have no clue! wish i could help

frig and i was going to try to start a new thread that Canadian posts are not well represented..but i can't find the friggen link or figure it out..so sry for the hijack ..and lack of help:eek:

I applied from California, received approval from the State of California, then approval from the US Dept. of Justice, then applied to Canada.

I received a notice stating they had received my application. I recall it stated they had to get back to me within 90 days. I never heard another word. From California State Pen, I wrote the local Canadian Consulate in Los Angeles, the Canadian Embassey in Washington, and Corrections Canada - not a response from anyone.

Two years later (after 4 years) I was deported to Vancouver, then sent to Toronto where I received another 4 years on Fraud charges from 1992. I now have 79 days left until expiry of my sentence. My California sentence was for 7 years 8 months, also for fraud.

While at Fenbrook Institution I applied for all my files under the Freedom of Information Act, and here was my application from California. It stated that I was denied on the grounds the address in Canada I gave was not a valid address for me.

I'm born in Toronto and hadn't lived there for about 16 years, I was in custody in California, the address was a friends address, where I was going to go when finally back in Toronto. All that was clear on my application.

Nor did they ever get back to me as required by law.

So my advice, is for you to telephone and speak to in person, the party responsible for handling the transfer. Find out what date they must respond by, write everything down, let Correctional staff spell out their name and make them aware it is for your records for your attorney.

Your brother could also apply for legal aid in Canada to handle the transfer case.

I also know afew people who have succesfully transferred back, most of them were serving Federal time in the USA. US State time seems to be more hoops to jump thru before you can transfer.

Also, does your brother have a Federal record in Canada? If not, how much time does he have to do in the States. When you transfer back, your USA sentence becomes a Canadian sentence. You only get one opportunity for fast tracking release in Canada. Plus in Canada he'll have parole.

If you are deported from USA, then you have no parole, which is nice, plus you have no federal convictions in Canada.

My husband is having a hard time getting back to Canada ! He went back to the US to deal with a 14 year old mail fraud case ( he is a permanent resident of Canada for 30 years) Immigration Canada new that he would be going back and what he would be pleading to....no problem . He goes back..pleads..sentenced..serves less that 12 months...moved to immigration facility in US..has a green card in US so fights to keep it but due to the length of time decides to give it up after 4 months to come home to Canada. I am a Canadian citizen born in this country..we have been married 10 years with 3 small children. Yesterday the facility informed him that Canada denied him and he is being sent to Jamaica! WHAT????? This is the most insane thing I have ever heard ! He went for a hearing at the beginning of march and said he would give up his green card and they agreed the would go to Canada. The facility waited 30 days and a long weekend to tell him he is now going to Jamaica because after 30 days you give up your right to appeal and change your mind. This is such a horrible situation. Any ideas out there or support??? He even has an immigration hearing set in May here which I faxed over to the faciltiy and they are ignoring. Now they say it will take another 6 weeks to move him to Jamaica. We have to stop this from happening...we have a home and have always lived in Canada how can we uproot and just move to Jamaica ??? I am a Canadian citizen and he is a permanent resident...how can they deny him??? Who do you contact besides your lawyers to help? My husband played professional football in the US and Canada and has paid more in taxes to this country that most people will ever. What can I do to help him. This has to be a mistake somewhere that someone has made and how do I rectifty it? HHHHHEEEEELLLLLPPPPP!!!!

The problem with Canadians, like myself, we have never had to deal with the immigration services in Canada. So it is very hard to know exactly what to do and what your rights are.

I'll do my best to direct you, you can telephone Prisoner Legal Service, which is in Abbotsford. I have a local number of 853-8712, and a toll free number of 1-866-572-5245. You can explain your situation and ask for advice. They may direct you to legal aid, who may pay for an attorney.

You can call the following lawyer, I have used her in the past, and the most effective lawyer I'ver ever met in my life. This is a fighter. I doubt she does the type of work you require, but I assure you she will go way out of her way to direct you to the best person in Vancouver is to assist you. Be it an attorney or a service. Janet Winteringham 1501-543 Granville Street local number direct line; 605-4321, office; 605-4300.

Now this guy I've never met, but I understand him to be the top guy in BC dealing with Canada-USA inmate issues. Peter Benning Attorney, 2459 Pauline Street Abbotsford 604-853-6636. I recall going over 5 years worth of cases dealing with USA/Canada legalities and inmates, and this guys name comes up more than anybody else.


I was deported to Vancouver from California. While in immigration in USA, I met a guy from Czech Republic. He had landed status in Canada, moved to USA, got a DUI, and they were deporting him back to Czech Republic.

I walked into the Canada Immigration, downtown Vancouver on his behalf, when I first started talking, they thought I was the Czech guy, I couldn't believe how rude they were to me. I explained I'm born in Toronto, I'm here on his behalf, their attitude to me changed instantly, but they told me by going to the USA, the landed status in Canada meant nothing because he left. He had zero rights in Canada.

My question might be, couldn't he just fly to Jamacia and then return to Canada without saying anything. If they stop him, I'm sure he can file paperwork to remain and work it out one way or another.

I'm sure you are stressed to the max., take a deep breath, relax, what ever is going to happen, will happen anyway. Get as much information as you can, focus, I'm sure it'll work out. Stay positive, Don't accept a NO answer from someone who doesn't have the power to say YES!!!!!!!!!

Right down everybodies name and number that you speak to, what was said and when. If anybody tells you they can do something for you, especially Immigration!, get it in writing. If you don't have it in writing, as far as the government/legalities are concerned - it never happened.

Wishing you well. Robert.

It's amazing how frustrating this process is. You start out being a person and then get a sentence for a stupid mistake and all of a sudden you're treated like you don't matter. I find that the most frustrating. As far as wanting to know who to call besides a lawyer -call Corrections Canada.

Corrections Canada handles the transfer process back to Canada from a foreign place. Their number is 1-613-947-9708. They seem to be on the ball.

Good luck.

Is that for someone moving to a Canadian prison to finish his sentence or if they are done and being deported? He is already done and served all his time and is in a US immigration facility waiting to be deported. Thanks for the response any info is great !

This has nothing to do with Corrections Canada. He is not serving a USA sentence, he is in Immigration Custody.

Had he been in State, or Federal Prison custody, you still have to apply to the state, then Federal Govt., only when you receive approval from both, (unless your already in the Feds, then you need Fed approval), only then can you apply to Corrections Canada.

I might add, the minimum amount of time it takes for the Fed transfer is 8 months, for state the minimum is 1 and 1/2 years!, and that is if it all works out with no delay's, highly unlikely.

US Immigration, are well known for sending people back to the place they were born, regardless of treaties their government has signed. If you are sentenced to one year or more, even if it is suspended, or convicted on 5 misdomeaners or more, and you are not a USA citizen, you will be deported!

In this case you say he was sentenced to 12 months. This means he has zero grounds to remain in USA. He goes in front of a Federal Immigration Judge who will order him deported on those grounds. He will also be given a date, and made to sign an agreement not to return to the USA for a specific amount of years. In my case, I agreed to 2018.

Once ordered deported, Immigration will contact the USA Embassy in Jamaica, to confirm his birth in that country. Once it is confirmed, then the paperwork goes to the Federal Transportation Department, who will schedule a direct flight back to Jamaica. They may, or may not fly back with him.

The entire process takes from 5 to 15 weeks max. Unless you delay your court date, but that will only delay your time in custody.

You require someone inept at Canadian Immigration Law.

Personally, I'd get deported to Jamaica, and just hop on a plane to Canada. Maybe contact an immigration person here, you can call the persons I listed in previous post.

I was also in North Fraser Pre-trial centre for 5 months, I filled out refugee status claims for about 50 people while I was there. Some direct from China, others that knew how to play the system.

Regardless of the problem, you can get immigration bail in Canada while you work it out. Beats rotting in a US immigration centre. I can also tell you the Canada Immigration office in Nanaimo is the most lenient in Canada. I know people who have moved there specifically during the paper trail with Immigration Canada.

Sorry...I misunderstood. Didn't realize your husband's sentence was over. Robbreid is right...Corrections Canada won't help in your case...does anyone have any current experience with prison transfers from the U.S.....I feel like I'm the only one coming up against a brick wall. My brother's case has been in review for 13 months -he has a federal sentence in the U.S. The U.S. approved his transfer 6 months ago...and the Canadian process hasn't progressed at all for the last 10 months. There seems to be no standard by which the Canadian Government needs to respond nor any check against the process. V. frustrating!

I am also trying to find out information for my husband. He is supposed to be deported to Canada anytime now, but we have no family there. He was born in Canada, but move to Guyana after he was born, then moved to the United States when he was about 5 or 6 years old. I am LOST! If anyone has any information where to begin I will be happy. Thanks.

Hi Ang,

Is your husband being moved to another prison in Canada or is he done his sentence and detained by immigration waiting deportation to Canada ? What facility is he in and where is it? If so how long has he been waiting and what have they told him. I just need a bit of background. I am in Canada wait for my husband..we live in Canada. He has been detained with immigration since November 2006. There is a problem right now with them moving people to Canada. I just want to make sure of your situation before I respond with a bunch of stuff that may not apply to you guys:rolleyes:
Let me know . Sharon

Hi Sharon,

Thanks for the reply. My husband is in Eastern Correctional Facility (US). He is supposed to be deported to Canada, where I think he is supposed to do some time. I live in the United States. I am a US Citizen by birth. I just want to know what are the chances for my husband to come back home to New York? I know he will have to stay in Canada for awhile but is there a chance for him to come back?

Thank you in advance for your help...............

Hi Ang, what is his status in the US? green card ? How long? there are alot of variables. My husband was a green card holder and he was eventually forced to give it up. He was completely in the right not to but immigration basically keeps holding you until you do what they want. My husbands crime was 12 years old .under $10,000 and they bent all the rules. He will be able to enter the US eventually...some people are banned for life .. some are set by the judge..I believe my husband is not allowed to reenter for 5 years. illegal reentry carries a hefty jail sentence. there are lots of men with my husband who where caught reentering. My husband has been detained 6 months so far awaiting deportation....almost as long as his sentence. I have involved the Congressman in that state, foreign affairs here in Canada and enlisted the media to try to help. I don't really know much about your husbands situation to comment but they stopped moving anyone to Canada on April 1st. They are supposed to be processing people to Canada starting next week. Is he held by ICE now or still in prison? If his crime involved violence or drugs he will be deported. there is no gray area. There are men with my husband who have lived 20, 30 + years in the US with children etc and they show no mercy. Prepare for the worst and pray for the best. let me know..try and give me more info so I can maybe answer a bit better. take care ! sharon

If your husband is being deported back to Canada, he will have to go in front of a US Immigration Judge.

At that time, to complete the paperwork, your husband will have to sign a piece of paper agreeing not to attempt to return to USA for a period of time.

Depending on his American charge, and Canadian/USA record, he can apply to return to the USA, as soon as the period of time stated by the Immigration Judge expires.