Being a dual citizen of the United States and Canada offers significant travel flexibility. Even with a DUI or other conviction is the U.S., a Canadian citizen will still be admissible to Canada.
Understanding Canadian Criminal Inadmissibility
Canada considers DUI a serious criminal offense. Under Canada’s Immigration and Refugee Protection Act (IRPA), foreign nationals and permanent residents can be deemed inadmissible for criminal convictions, including DUIs, even misdemeanors in the U.S.
What If You’re a Dual U.S.-Canada Citizen?
As a Canadian citizen, you cannot be denied entry to Canada, regardless of your criminal history. This legal right to enter Canada is protected under Section 6(1) of the Canadian Charter of Rights and Freedoms.
- Residency or PR (Permanent Resident) impacts: If you’re only a Canadian PR (not a citizen), you may face removal proceedings.
Traveling to Canada with a DUI: Key Considerations
Canadian dual citizens should travel with proof of their Canadian citizenship, such as a valid Canadian passport. If your status is unclear or if your record is serious, consider the following:
- Seek legal advice: Especially if your DUI involved aggravating factors like injury or repeated offenses.
- Verify passport status: Ensure your Canadian passport is current before traveling.
Conclusion
While a DUI in the U.S. can make many non-citizens inadmissible to Canada, dual U.S.-Canada citizens have the legal right to enter. Still, it’s wise to understand how your record may affect border processing. Ensure your Canadian documents are valid and consider speaking to an immigration attorney if your DUI was recent or severe.
For official guidance, visit the Canada Border Services Agency (CBSA) and the Immigration, Refugees and Citizenship Canada (IRCC) websites.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions about being inadmissible to Canada, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
