Entry into Canada can be complicated, even without a criminal record. But what happens if a DUI or related offense from your past threatens to derail your Canadian business or vacation plans, causing embarrassment and possible loss of pre-paid expenses? If this is haunting you and you are traveling soon, please call us immediately at 425-259-1807 to schedule your DUI CANADA ENTRY CONSULTATION ($425) – we can help!
WHY ARE OLD DUI CONVICTIONS PREVENTING YOU FROM ENTERING CANADA?
Decades of criminal records have been resurrected and are now easily accessible to CBSA (Canadian Border Services Agency) Even minor offenses committed in the United States (and elsewhere) can be a serious roadblock when seeking Canadian entry.
DUI is a common, and yet often unexpected criminal cause of Canadian inadmissibility. CBSA now has access to databases revealing DUI convictions stretching back three to four decades. Many folks with old DUIs have traveled to Canada for years without incident. Those days are over.
It is a misconception that only Felony DUI’s will prevent entry into Canada. Unfortunately, it is not that simple. Canada judges admissibility based upon what the equivalent Canadian charge would have been, had the act been committed inside of Canada. The most minor DUI based infraction in another country will be considered severe enough to restrict entry, even at a misdemeanor level. This is because Canada treats DUI as an indictable offense, which is in essence, equivalent to a felony.
A DUI committed while within the borders of Canada can be just as, if not more, prohibitive for future entry than a DUI committed outside its borders. It is possible to have a Canadian DUI record suspended, but that is a long, complex process.
Your ability to be admitted to Canada can become further compromised if you have been refused entry because of DUI and then engage in “port-shopping” – i.e. seek entry at a different port of entry. If you are reading this before you go down that path – stop and call us at 425-259-1807 for an emergency DUI CANADA ENTRY CONSULTATION ($425) and let us put our decades of legal experience to work for you.
CAN YOU BECOME ADMISSIBLE TO CANADA?
The answer is: possibly.
Every situation is different, and Canadian lawyer Terry Preshaw has decades of experience analyzing Canadian DUI entry cases and determining the most efficient course of action.
For immediate relief and entry, we would look at your eligibility for a Canadian Temporary Resident Permit (TRP). If you have a valid reason for entering Canada, a TRP (which can be obtained either at a Canadian Consulate or at a Canadian Port of Entry) allows you to enter and stay in Canada for a specified period of time. The Temporary Resident Permit is sometimes the only option for individuals who are not eligible for Criminal Rehabilitation or Deemed Rehabilitation. TRPs can be valid for multiple visits for as long as 3 years provided the individual’s application demonstrates concrete reasons for this outcome. It is important to plan ahead, well in advance of proposed travel dates, to obtain a TRP.
Deemed Rehabilitation is a solution only accessible for those who were convicted of a single crime/DUI and the sentence was completed over 10 years ago. If it hasn’t been more than 10 years since your sentence was completed, or you have more than one conviction on your record, then you may need to consider Criminal Rehabilitation. This is a complex consular application, which has a larger burden of proof and more onerous documentary requirements. It is available for those who have had at least five years elapsed since the completion of their sentence.
Whether a temporary or permanent solution is needed for your DUI Canada Entry situation, we want to ensure that you have the benefit of our experience and knowledge working for you. And if you are losing sleep over an upcoming business trip to Canada – please call us as soon as possible. It’s one thing to miss out on a vacation due to past DUIs, but you can’t let past mistakes negatively affect an entire company and/or your career.
Sometimes people mistakenly believe that a pardon or expungement of their DUI in the prosecuting jurisdiction will solve their immigration problems. This is not the case. Even if you believe you have been pardoned in the jurisdiction you were convicted in, you may still be deemed inadmissible to Canada.
Every pardon for every committed crime from a jurisdiction outside of Canada, must be submitted to Canadian authorities and evaluated individually. How these are presented and addressed can be influential in resolving these issues. It is even possible for a conviction that has been dismissed in its original jurisdiction, to remain a roadblock to your Canadian travel plans if not handled properly.
We invite you to reach out to us with your DUI CANADA ENTRY concerns by setting up your DUI CANADA ENTRY CONSULTATION ($425) to map out a specific strategy to meet your DUI CANADA ENTRY needs.
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