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Unfortunately, getting into Canada with a DUI is not as simple as showing up at the border with a valid United States passport. Have you ever been to college you have ever been arrested or convicted for driving under the influence of drugs or alcohol, regardless of whether it was a misdemeanor or felony offense, you may be criminally inadmissible to Canada and denied entry.
Regardless of whether or not you have any intention to drive while in the country, a DUI including civil infractions and "Actual Physical Control DUI" violations can cause you to get turned away at the border and can impede your eligibility across all Canadian immigration programs.
To overcome criminal inadmissibility to Canada, a person must correctly apply for and then successfully receive permission from Canadian legal authorities to visit the country. Unfortunately, getting permission to enter Canada can be a highly complex legal process that could easily overwhelm someone without professional assistance.
Temporary Solution The first option is a Temporary Resident Permit TRPwhich lets a person enter or stay in Canada for a specific period of time provided they have a valid reason to visit.
The Temporary Resident Permit is extremely helpful for individuals who are not yet eligible for the permanent solution of Criminal Rehabilitation, and TRPs can be valid for multiple visits for as long as three years provided the individual's application is strong enough. A Canada TRP can take a while to obtain, so it is best to apply well in advance of your intended travel date.
Permanent Solution The second option is Criminal Rehabilitation, which is an application process whereby a person petitions Canada immigration authorities to forgive their prior DUI conviction. To be eligible to apply for Criminal Rehab, five years must have passed since the completion of your sentence which includes payment of fines, driving courses, community service, probation, and any other conditions which may have been imposed on you.
Successfully completing the Streamlined Rehabilitation process gives an individual a fresh start and allows them to enter Canada freely again. Unlike a Temporary Resident Permit, which is only good for a fixed amount of time, a Rehabilitation document never needs to be renewed.
Whether traveling for business or pleasure, the peace of mind and convenience of being able to go to Canada without worrying about being denied entry makes this solution especially attractive to eligible individuals.
Deemed Rehabilitation You may be deemed rehabilitated under Canadian immigration law if you only have a single DUI conviction that is a misdemeanor, and enough time has passed since completion of your full sentence which includes jail time, probation, reinstatement of license, and payment of all fines.
If it has been more than ten years since the completion of your sentence, and you have nothing else on your criminal record, Canadian immigration authorities may disregard your prior DUI conviction and allow you to visit the country.
It is advisable that even if you may be deemed rehabilitated by the simple passage of time you have a legal opinion letter prepared to explain the exact situation to Canadian immigration authorities. To maximize your chances of admissibility into Canada, it is important to talk to a knowledgeable immigration lawyer who can help you take the necessary steps before and during your Canadian immigration application to have the highest possible chance of being approved for entry.
Why risk having to explain to friends, family, and co-workers why you were denied entry to Canada? Our Canada immigration lawyer has extensive experience helping Americans overcome criminal inadmissibility issues so they can successfully travel to Canada with a DUI.
This webpage is for Dr. Wheeler's literature students, and it offers introductory survey information concerning the literature of classical China, classical Rome, classical Greece, the Bible as Literature, medieval literature, Renaissance literature, and genre studies. Can You Go to Canada with a DUI? Unfortunately, getting into Canada with a DUI is not as simple as showing up at the border with a valid United States passport. If you have ever been arrested or convicted for driving under the influence of drugs or alcohol, regardless of whether it was a misdemeanor or felony offense, you may be criminally inadmissible to Canada and denied entry. The latest travel information, deals, guides and reviews from USA TODAY Travel.
Let us take care of the hard work for you; we are excellent at this! Contact our team today for a free consultation! In Canada, indictable offenses are considered serious criminality while summary offenses are considered less serious.
If an American wants to visit Canada but has ever committed an act that could be considered an indictable offense in Canada, they may be classified as criminally inadmissible. In Canada, driving under the influence of alcohol is a hybrid offense, which means it can constitute a summary offense or an indictable offense depending on the situation and how the prosecutor wishes to proceed.
Although most DUIs in Canada are summary offenses, the potential for one to be an indictable offense makes driving under the influence a potentially excludable act for foreign nationals. In fact, even a not guilty verdict acquittal may sporadically help cause a US resident to be rejected at the Canadian border since the original DUI arrest will still be visible to border staff and the visitor may need to prove his or her admissibility.
Section 36 of Canada's Immigration and Refugee Protection Act IRPA says that persons are criminally inadmissible to Canada if they are "convicted of an offense outside of Canada which if committed in Canada would be an offense under the Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
For this reason, many Americans are stuck researching "DUI Canada entry" on the Internet only to learn one of the potential consequences of a having a criminal record is inadmissibility to Canada without Rehabilitation or a TRP.
Because Canadian immigration regulations view DUIs as a potentially serious offense, a single impaired driving charge in the United States can bar a person from visiting Canada for over ten years, even if it was only a misdemeanor.
Even after pleading a DUI down to a minor charge such as dangerous or reckless driving, an American may still not be eligible to cross the Canadian border without risk of entrance denial.
When determining eligibility to travel to Canada, it is not the status or seriousness of the crime in the USA that matters; it is what the crime equates to under Canadian law. According to this Act, a pending DUI charge is treated as "under indictment" and potentially excludes the person from entry.
Even a reduced DUI charge does not guarantee smooth sailing when entering Canada. The reduction of charges from drinking and driving to some lesser charge such as reckless driving can still cause you to be denied entry at the Canadian border depending on the exact wording of your plea agreement.Now the one that came after, that knocked me for a loop.
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I have never been discriminated against because of my skin color. I have never been the only person of my race in a room. I have never been mocked for my accent. I have never been told I am. This webpage is for Dr. Wheeler's literature students, and it offers introductory survey information concerning the literature of classical China, classical Rome, classical Greece, the Bible as Literature, medieval literature, Renaissance literature, and genre studies.
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