A conviction for any impaired driving offense can make you inadmissible to Canada. Depending on your state, your offense may be referred to as a DUI, DWI, DWAI ,OVI ,OUI, DUID, OWI, OVUII, OWVI, OUIL, OUID, OMVWI, RAR, or UOWI. Any of these can pose significant challenges at the border, but understanding the process and regulations can help you navigate these obstacles more effectively. Here’s an overview of what to expect and how to prepare if you have one or more of these types of violations on your record.
The Impact of a DUI Conviction
An impaired driving conviction is considered a serious criminal offense under Canadian law. This means that individuals with an impaired driving conviction may be deemed inadmissible to Canada. Inadmissibility can prevent you from entering the country, whether for tourism, business, or even transiting through Canada.
The Inspection Process at the Border
When approaching the Canadian border, whether by land, air, or sea, you will undergo an inspection process conducted by Canada Border Services Agency (CBSA) officers. Here’s what you need to know about the process:
1. Initial Screening:
– Document Check: You will be asked to present your travel documents, such as your passport and visa (if applicable).
– Questions from Officers: CBSA officers will ask you questions about your purpose of travel, duration of stay, and possibly your criminal history. It’s crucial to answer truthfully, as providing false information can lead to much more serious consequences.
2. Background Check:
– Criminal Record: CBSA officers have access to databases that provide information on criminal records. The United States and Canada share information on criminal convictions. Even convictions that are decades old, can come up during this check. If you have an impaired driving conviction, it will likely be discovered.
– Additional Documentation: You may be asked to provide additional documentation related to your conviction, such as court records or proof of rehabilitation efforts
3. Determining Admissibility:
– Record review: If a record is discovered, you may be directed into secondary inspection. There, the officers will determine whether you are inadmissible to Canada on the basis of your past criminal convictions. If you have proof of an approved application for rehabilitation, or an approved Temporary Resident Permit, they will review the approval.
– Deemed rehabilitation: Factors such as the number of convictions and the time that has passed since the completion of any offense will be considered. If there is only one minor impaired driving infraction that happened before 2018 and the sentence was completed over 10 years ago, you may be considered deemed rehabilitated and allowed to enter Canada..
-Risk assessment – If you have a more recent conviction OR your offense was a major one, and you have not got an approval of rehabilitation or a Temporary Resident Permit, you may be determined to pose a risk to Canadian society and considered inadmissible to Canada.
– Decision Making: The decision to allow or deny entry is at the discretion of the CBSA officers. They can either grant you entry, deny entry, or refer you for further examination.
Options to Overcome Inadmissibility
If you are found inadmissible due to an impaired driving conviction, there are still options to overcome this barrier:
Temporary Resident Permit (TRP):- A TRP allows you to enter or remain in Canada for a specific reason and period, despite your inadmissibility. You must demonstrate a compelling reason for your visit, such as economic grounds like work, or humanitarian grounds like family. You can apply for a TRP at a Canadian visa office outside Canada or at a port of entry. The process involves submitting an application, paying a fee, and providing supporting documentation.
Criminal Rehabilitation:- If more than five years have passed since the completion of your last sentence, you may be eligible to apply for criminal rehabilitation. This is a permanent solution that removes the inadmissibility. You must submit an application for rehabilitation to the Canadian Consulate in your home country, including detailed documentation and a fee. The process can take more than a year for a decision to be made.
Preparing for Your Border Crossing
To increase your chances of a smooth border crossing experience, consider the following tips:
– Honesty is Key: Always be truthful about your criminal history when speaking with CBSA officers.
– Documentation: Have all relevant documents ready, passport, proof of an approved application for rehabilitation, an approved TRP, or court documents and background checks if you are eligible for deemed rehabilitation.
– Legal Advice: Consult with an immigration lawyer to understand if you are inadmissible, whether you can be deemed rehabilitated or to find out what your options are for a TRP or rehabilitation application, if necessary.
Conclusion
An impaired driving conviction can complicate your plans to visit Canada, but understanding the inspection process and available remedies can help you navigate this challenge. Whether you seek a Temporary Resident Permit for urgent travel or apply for criminal rehabilitation for a permanent solution, proper preparation and legal guidance are essential. If you have any questions about your specific situation or need assistance with your application, our office is here to help.
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If you have questions regarding a Entering to Canada with a DUI, 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 to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
