Are you a US citizen trying to understand the process of entering Canada with a DUI on your record? We delve into the crucial information that you need to know, including available relief measures. We’ll also discuss why it’s advantageous to consider both Criminal Rehabilitation and a Temporary Resident Permit if you have a DUI conviction.
Does a DUI Conviction Affect My Chances of Entering Canada?
Having a DUI conviction in the US could potentially make you criminally inadmissible to Canada, restricting your ability to cross the border for any reason. This includes being in the company of family members who also have DUI convictions. Several offenses related to impaired driving fall under this category, including:
- Driving Under the Influence (DUI)
- Driving While Intoxicated (DWI)
- Driving While Impaired (DWI)
- Driving While Ability Impaired (DWAI)
- Operating While Intoxicated (OWI)
- Operating a Motor Vehicle While Intoxicated (OMVI)
Any such offenses are viewed critically under Canadian immigration law and can result in a declaration of Criminal Inadmissibility to Canada.
What About Misdemeanor DUI Convictions?
Even a misdemeanor DUI can result in you being declared inadmissible to Canada. Regardless of the severity, any DUI conviction can cause complications when attempting to enter Canada. However, there are methods available to overcome this criminal inadmissibility, based on your specific circumstances.
Understanding Criminal Rehabilitation (CR)
Criminal Rehabilitation is a legal process through which a US citizen can request Canadian officials to consider prior DUI convictions as served and closed. This option becomes available five (5) years after the completion of all DUI sentencing requirements, including probation and fines. Successfully undergoing Criminal Rehabilitation allows the individual to enter Canada without facing denial due to previous DUIs.
What is a Temporary Resident Permit (TRP)?
A Temporary Resident Permit (TRP) permits a US citizen, declared inadmissible to Canada, to visit Canada temporarily, provided they have a legitimate reason. A TRP isn’t meant to enable casual vacation trips to Canada; its issuance lies solely at the discretion of the Canadian immigration officer.
Should I Apply for both Criminal Rehabilitation (CR) and a Temporary Resident Permit (TRP)?
Criminal Rehabilitation (CR) provides a permanent waiver of your inadmissibility, while a Temporary Resident Permit (TRP) offers a temporary solution. In many situations, it’s beneficial to apply for both.
What Does Deemed Rehabilitation Mean?
Deemed Rehabilitation could be applicable, based on factors such as the nature and severity of your crime, the time elapsed since sentence completion, the number of crimes committed, and whether the offense would carry a maximum prison term of under 10 years in Canada.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
You may have questions regarding entry to Canada with a DUI. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with 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 for an assessment of your legal situation.
