Overcome Inadmissibility

Caruso-Law_Icon-30-admissibility-CBSAEntering Canada with a DUI conviction?

Be Smart not Lucky!

Canada, eh? Clients seeking entry into Canada need to know that alcohol related driving violations are treated as criminal convictions for Canada Immigration purposes. What this means is that you need to know before you go.

Many well-intentioned Americans take entry into Canada for granted. While Canada’s immigration laws have not changed for some time; 9-11 has caused more caution at our international borders. While your alcohol related driving conviction may have occurred some time ago and whether you have no existing record that evidences this conviction, answering “yes” to the question “have you ever had an impaired driving offense” will make you inadmissible – and you must answer truthfully; BUT YOU MAY OVERCOME THIS INADMISSIBILITY – AND ABLE TO ENTER CANADA FAIRLY QUICKLY

I.          CAN YOU ENTER CANADA?

Most people who have no criminal record will be allowed entry into Canada. Canadian Customs and Immigration Officers are charged with the responsibility to protect its borders and ultimately have the authority to permit and deny anyone entry to Canada. There is not an automatic right to enter Canada. But what if … you have a criminal conviction?

II.        WHO CAN’T ENTER CANADA?

If you are a person who has a criminal record you are a person that is regarded as “inadmissible” for Canada immigration purposes. Being inadmissible means that you are not able to enter Canada until you overcome this inadmissibility. But an alcohol related driving offense is only a misdemeanor in the US; BUT in Canada an impaired driving conviction is treated as a felony (for Canada immigration purposes) and therefore an excludable offense under the Immigration Act. Again, one should remember that even if your offense is not a felony or indictable offenses in Canada, Customs and Immigration Officers have ultimate authority to permit and deny entry to Canada. Almost all convictions, including DUI, DWI, OUIL, reckless driving, negligent driving, misdemeanor drug possession, all felonies, and domestic violence) can make a person inadmissible to Canada, regardless of when the offense occurred.

III.       CAN I ENTER CANADA IF I AM INADMISSIBLE?

YES, but you must apply for re-entry – at either a Canadian Port of Entry (Border Crossing) or Canadian Consulate/Embassy – where, when and how depends upon the circumstances. Generally, there are several ways one may overcome their inadmissibility:

  1. Deemed rehabilitation;
  2. Streamlined rehabilitation;
  3. Criminal Rehabilitation approval; and
  4. Temporary Resident Permit (TRP)

IV.       OVERCOMING INADMISSIBILITY – EXPLAINED?

  1. Deemed Rehabilitation
    • Only one conviction in total (conviction must not have occurred in Canada);
    • At least ten years have elapsed since all of the sentences for the conviction were completed
    • The conviction would not be considered serious criminality in Canada (most felony convictions in the United States are equivalent to serious criminality in Canada), and
    • The conviction did not involve any serious property damage, physical harm to any person, or any type of weapon.
  2. Streamlined Rehabilitation
    • Two or less convictions in total;
    • At least five years have elapsed since all of the sentences for the conviction(s) were completed
    • The convictions would not be considered serious criminality in Canada (see above), and
    • The convictions did not involve any serious property damage, physical harm to any person, or any type of weapon.
  3. Temporary Resident Permit (TRP)
    • Where the person is not eligible for Deemed or Streamlined Rehabilitation and has an immediate need to enter Canada, the remaining option is a TRP – where application is made to a Canada Immigration Officer for special permission to enter and/or remain temporarily in Canada for up to a period of one year. This request may be made at either a Canadian Port of Entry (border crossing) or Canadian Consulate/Embassy.

As with all the applications, you must be prepared and have the necessary proofs available for presentation AND THERE IS NO SUBSTITUTE FOR PROPER LEGAL REPRESENATION BY A KNOWLEDGEABLE CANADIAN LICENSED LAWYER.

V.        WHAT DO YOU NEED TO DO TO APPLY FOR AND ENTER CANADA?

As you may appreciate, there is no substitution for sound legal advice and representation. While guarantees do not exist, you may guarantee a denial to your request when it is inadequately prepared. Remember, seeking entry into another country is a privilege and not a right – providing Canada Immigration with all they need to allow you entry is your best strategy to attaining the goal.