YOU MAY BE DENIED ENTRY TO CANADA IF YOU HAVE A DUI ON YOUR RECORD
If you have a DUI conviction you may be denied entry to Canada.
By LawReader Senior Editor Stan Billingsley
On a recent trip to British Columbia we were asked at Canadian Customs if we ever had a DUI conviction. We answered in the negative and were admitted to Canada without problem. However this issue was novel, so upon return to America we have looked up this issue. In fact, Canada can and does restrict access to any foreigner who has a DUI conviction in their past.
There are ways around this problem.
Entering the U.S. and Canada with DUI offenses /
The U.S. Customs Office advises:
Can I enter Canada and the U.S. if I have a DUI on my record?
As a general rule, Canada does not allow persons with DUI’s to enter their country, although travellers who require in-depth information regarding the process of applying for a waiver or other admissibility questions can reach the Canada Border Services Agency (CBSA) during regular business hours, Monday to Friday (08:00 – 16:00 local time, except holidays) by calling either (506)636-5064 or (204)983-3500.
You may also view the following links with CBSA on their waiver process:
• Citizenship & Immigration (for related policies and procedures on waivers): http://www.cic.gc.ca/
• CBSA’s home page: http://cbsa-asfc.gc.ca/menu-eng.html
• CBSA’s Contact page: http://cbsa-asfc.gc.ca/contact/bis-sif-eng.html
• CBSA’s info for non-Canadians: http://cbsa-asfc.gc.ca/noncan-eng.html
A single DUI conviction is not grounds to deny entry into the U.S; however, multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States. A crime of moral turpitude (CIMT) may be grounds to deny entry to the U.S. For a list of crimes; please click here.
Click here for information on how to obtain a US Waiver of Inadmissibility.
Denied entry: Canada turns away American DUI offenders
Ben Finley, staff writer | Phillyburgs.com
It was supposed to be a father-and-son road trip to Alaska.
But it ended at the Canadian border – with the father crying and his 18-year-old son driving alone to Fairbanks, where he was stationed with the U.S. Air Force.
Canadian border officers turned away Michael Edwards because of his DUI convictions in the U.S. His last one was in 1996 – 14 years before he tried to enter Canada with his son.
The Canadians told the Lower Southampton man he’d have to go back home and apply for a special waiver to get into their country. It could take as long as a year to process. And it guaranteed nothing.
Edwards’ son had to report to duty in three days.
“It was the ultimate humiliation,” Edwards said of the experience in 2010. “If I had committed murder, I could see that. Are you kidding me? What was I going to do while passing through their country for a few days?”
Each year, Canada denies thousands of visitors with criminal histories, including misdemeanors such as a DUI. And it doesn’t matter if you plan to be behind the wheel in Canada.
Nations, including the U.S., have always denied entry to non-citizens for many reasons, including criminal history because of the potential risk.
In Pennsylvania and other states, DUI is a misdemeanor. But DUI is a more serious offense in Canada.
The crime is an example of where the U.S. and Canada differ on what kind of conviction automatically makes someone “inadmissible,” according to American officials and attorneys. However, an Ontario-based attorney said Canadians with DUIs can have just as much trouble getting into the states.
Americans – and several Bucks County residents – with DUI convictions have been caught off guard at the Canadian border despite warnings on both government’s websites and elsewhere. Some Bucks residents said they were pulled off trains and buses because of one DUI conviction several years – even decades – old.
It doesn’t matter if someone’s DUI was expunged through Bucks County’s program for first-time offenders, officially known as Accelerated Rehabilitative Disposition, attorneys said.
Since the Sept. 11, 2001, terrorist attacks, the U.S. and Canada have granted each other deeper access to their respective criminal databases to screen people trying to cross the border. Those checks reveal expunged charges.
Getting into Canada with a criminal conviction can mean waiting years to be considered “rehabilitated,” paying at least $1,500 in legal fees and putting down a really good reason on a waiver application, attorneys said. The waiver process has worked for people – even someone convicted of vehicular homicide, the attorneys said.
Some Bucks residents said they crossed the border in less traveled areas without undergoing a criminal background check.
Natalie Glister, a spokeswoman with Canada Border Services Agency, said her office couldn’t provide a list of every criminal conviction that could bar someone from entering the country. In an email, she said that “most criminal convictions,” including DUIs, can make someone inadmissible and require that person to apply for a waiver.
She said her office also couldn’t provide statistics regarding how many Americans have been denied entry because of DUI convictions or any other specific crime. But the agency reported an overall decrease in the number of Americans denied entry or removed from Canada because of criminality – from more than 9,000 in 2005 to about 4,200 last year. Glister declined to speculate on the decreasing number.
Rick Remington, a spokesman for AAA Mid-Atlantic, said the association warns folks that criminal convictions, including DUIs, may prevent them from entering Canada.
1. I was refused entry into Canada because of my DUI. What can I …
I am a US Citizen and had a DUI 3 years ago. I tried to enter Canada but I was refused entry because of my DUI Conviction. What Can I do to get into Canada?
2. Denied entry: Canada turns away American DUI offenders …
Canadian border officials can dig up a DUI that had been expunged through Bucks County’s program for first-time offenders.
www.phillyburbs.com/news/local/courier_times_news/denied… – Cached
3. CALIFORNIA DUI CONVICTION CAN PREVENT ENTRY INTO CANADA …
CALIFORNIA DUI CONVICTION CAN PREVENT ENTRY INTO CANADA :: California Criminal … exercising their discretion to deny entry than to grant entry. Even if a Canadian …
www.californiacriminallawyerblog.com/…/california_dui… – Cached
4. Traveling to Canada – DUI Lawyers DWI Attorneys help with dui …
… Officers have ultimate authority to permit and deny anyone entry to Canada. … Who Can’t Enter Canada. To begin, in Canada a DUI is a felony and therefore an excludable …
www.1800duilaws.com/article/travel_to_canada.asp – Cached
5. Entry into Canada
If you’ve been arrested: Entry into Canada. If you are convicted of DUI you may be denied entrance into Canada. Customs and Immigration Officers are granted ultimate …
www.valentinilaw.com/dui_info_center/entry_into_canada.php – Cached
6. Entering the U.S. and Canada with DUI offenses
Can I enter Canada and the U.S. if I have a DUI on my record? As a general rule … DUI conviction is not grounds to deny entry into the U.S; however, multiple DUI …
help.cbp.gov/app/answers/detail/a_id/402/… – Cached
7. Denied Entry into Canada – FishingBuddy.com : North Dakota …
Anyone been denied to Canada because of a DUI? Or should I say anyone gotten into the country with a DUI?
www.fishingbuddy.com/denied_entry_into_canada – Cached
8. DUI and crossing borders in Canada and Ireland (from the U.S …
My brother has a DUI record in the U.S. that is like 20 years old. Canada denied him entry last winter because of it. This after many, many years of safe and law …
www.fodors.com/…/dui-and-crossing-borders-in-canada-and… – Cached
9. Canada & DUI Conviction, Entering Canada, Crossing Border …
Felony criminal convictions will also deny entry into Canada. Canada and a DUI Conviction. Canada regards DUI / DWI as an extremely serious offense.
www.seattle-duiattorney.com/dui/canada.php – Cached
10. Local News | DUI record can keep you barred from Canada …
… DUI. The first the wife learned about it was when the husband was denied entry.” Bryan says he’s complained to Canadian … DUI can be denied entrance in Canada. …
seattletimes.nwsource.com/…/2009902952_canadadui20m.html – Cached
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