Travel to Canada If Convicted of DUI or Facing a DUI?
Many of our clients travel to Canada for business and are aware that having a pending DUI or being on probation for DUI can cause enormous problems. They may have heard anecdotal accounts of colleagues who were unable to rent a car or even turned around at the airport or at the border while driving into Canada.
We also have had many clients facing a DUI or on probation report no problems in traveling to Canada, renting a car and conducting business there as usual.The Reader’s Digest Version: Anyone with a conviction for DUI is considered “criminally inadmissible” to Canada under Canadian law, so before going to Canada, speak with an immigration attorney who regularly deals with Canadian immigration issues before going to Canada if you are facing a DUI, on probation for DUI or have a DUI conviction in the last ten years.
If Murphy’s Law applies, you may not have a seamless trip to Canada. So what is the standard or rules in Canada that apply to cause one's visit to Canada to be a nightmare? A DUI conviction in California (or in any other state) is supposed to prevent travel to Canada for a certain number of years. Under Canadian law, anybody with a DUI conviction is deemed “criminally inadmissible” for at least five years.
If one is facing a DUI charge, there is no “innocent until proven guilty” benefit of the doubt given. Canadian law, not U.S. law, applies. Canadian Immigration considers a visitor "criminally inadmissible" if the visitor faces pending DUI charges or has an outstanding warrant, such as even a bench warrant.
Canadian authorities can be quite strict about who is allowed to enter the country and even a "wet reckless" will count as a DUI conviction. However, it is possible to overcome Canadian criminal inadmissibility of a DUI conviction, but it is tough to do so. Nevertheless, it is perhaps better safe (to clear oneself) than sorry (try to get lucky and pass through with no problems – a big risk).
First, you can contact the U.S. Consulate, through a Canadian immigration attorney, to find out if you are “deemed rehabilitated” and cleared to enter Canada without any legal impediment. This is possible if a minimum of five years has passed since you completed probation on your conviction for DUI and you have otherwise avoided further prosecution for any other crime. Sometimes, more than five years is required by Canadian authorities if the underlying DUI is a second-time offense, there was a car accident involved. injuries were suffered or there are other exacerbating circumstances. The number of years that you are required to wait depends on the severity of the underlying offense.
Second, you can apply for “individual rehabilitation,” which is different than being “deemed rehabilitated.” Like being “deemed rehabilitated,” one must first wait until at least five years have passed after completing probation. Then one will need to contact a Canadian immigration attorney, who will begin the process, which involves a rather extensive application.
Third, you can apply for a Temporary Resident Permit (TRP), which is available at any time, but are difficult to obtain. It is best understood as an exception to the above two, time-consuming processes. According to Canadian immigration attorneys, one must demonstrate “compelling circumstances” to justify the issuance of a TRP. Such circumstances include work for humanitarian purposes or work in the U.S. national interest (it would probably be smart to explain how such work also helps Canada in ways beyond generating tax revenues).
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