Crossing from the States into Canada Question

[moparhawk]

Not sure what I can do. 8 of us have booked a weeks fishing at a lodge on Perrault. My son has a three year old "alcohol related offense. I was heartbroken when I read where he can expect to be denied entry. Can you just imagine that scene? I won't defend his dui. It was stupid, he knows it, no one hurt, he's been paying brutal insurance premiums ever since, life goes on. I see where there's somepaperwork for $240.00 that "might" allow him entry for a short stay but Its only been 3 yrs and I think the paperwork requires 5 yrs. Has anyone dealt with a situation like this before or is there a crossing guard on board who woulk chime in?

[cram]

i didn't realize that was the rule. Yikes.

 

is DUI a criminal offense here?

[irishfield]

Works both ways.. you can't go into the states if you have one here either! You need to apply for a pardon.

[Greencoachdog]

Does your son have a passport?

[DRIFTER_016]

i didn't realize that was the rule. Yikes.

 

is DUI a criminal offense here?

 

 

Not just a criminal offence here, it's a Felony!!

[DRIFTER_016]

Not sure what I can do. 8 of us have booked a weeks fishing at a lodge on Perrault. My son has a three year old "alcohol related offense. I was heartbroken when I read where he can expect to be denied entry. Can you just imagine that scene? I won't defend his dui. It was stupid, he knows it, no one hurt, he's been paying brutal insurance premiums ever since, life goes on. I see where there's somepaperwork for $240.00 that "might" allow him entry for a short stay but Its only been 3 yrs and I think the paperwork requires 5 yrs. Has anyone dealt with a situation like this before or is there a crossing guard on board who woulk chime in?

 

 

Here's info from our Canadian Government that will hopefully help you out.

 

 

 

Overcoming Criminal Inadmissability

 

FAQ's

Edited January 10, 2010 by DRIFTER_016

[irishfield]

Overcoming Exclusion from Canada.

There are several ways individuals can overcome criminal inadmissibility, but the short answer you must give your client is that there is no short and easy way to do it.º These include:

 

Deemed rehabilitation at a Canadian port of entry;

Streamlined rehabilitation at a Canadian port of entry;

Approval of rehabilitation through a Canadian Consulate in the United States; and

A Temporary Resident Permit through a Canadian Consulate in the United States

1. Deemed Rehabilitation.

 

Persons are eligible to apply for deemed rehabilitation at a port of entry if the following are true:

 

There was only one conviction in total;

At least ten years have elapsed since all of the sentences for the conviction were completed (payment of all fees, jail time completed, restitution paid, etc);

The conviction would not be considered serious criminality in Canada (most felony convictions in the United States are equivalent to serious criminality in Canada); and

The conviction did not involve any serious property damage, physical harm to any person, or any type of weapon.

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º U.S. lawyers should note that Canada only recognizes three types of paid representatives named on Canadian immigration forms: immigration consultants who are members in good standing of the Canadian Society of Immigration Consultants (CSIC); lawyers who are members in good standing of a Canadian provincial or territorial law society and students-at-law under their supervision; and notaries who are members in good standing of the Chambre des notaires du Québec and students-at-law under their supervision. Submission of an Immigration form and designation of a U.S. lawyer who is not a member of one of these three groups will result in Canada returning the application.

2. Streamlined Rehabilitation.

 

Persons are eligible to apply for streamlined rehabilitation at a port of entry if the following are true:

 

There were two or less convictions in total;

At least five years have elapsed since all of the sentences for the conviction(s) were completed (payment of all fees, jail time completed, restitution paid, etc);

The convictions would not be considered serious criminality in Canada (most felony convictions in the United States are equivalent to serious criminality in Canada); and

The convictions did not involve any serious property damage, physical harm to any person, or any type of weapon.

3. Deemed & Streamlined Rehabilitation Applications.

 

Deemed rehabilitation and streamlined rehabilitation applications are processed at Canadian ports of entry. Submitting an application for rehabilitation does not guarantee that the request will be approved. Should your client wish to apply for either, the client must bring the following documents to a port of entry during regular business hours (Monday - Friday between 8am and 5pm):

 

A United States passport or birth certificate (with photo identification);

A copy of court documents for each conviction, and proof that all sentences were completed;

A recent FBI identification record;

Recent police certificates from the state where the conviction(s) occurred, and from any state where a person has lived for six (6) months or longer in the last 10 years; and

A fee is involved for the streamlined rehabilitation process, equivalent to $200.00 Canadian. There is no fee for deemed rehabilitation.

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4. Approval of Rehabilitation.

 

If more than 5 years have elapsed since all sentences related to the conviction(s) were completed, but a person is not eligible for rehabilitation at a port of entry (because of the nature or number of convictions), a person may apply for approval of rehabilitation through a Canadian Consulate in the United States. The same documents required for port of entry rehabilitation identified above are also required for rehabilitation through a Canadian Consulate, plus a completed Application for Criminal Rehabilitation (Citizenship & Immigration Canada Form IMM 1444. Five Canadian Consulates in the U.S. process criminal applications - Buffalo, NW, New York, NY, Detroit, MI, Los Angeles, CA, and Seattle, WA. Again, the decision to approve rehabilitation is discretionary, so there is no certainty in obtaining admission to Canada. In the situation where a person is ineligible for rehabilitation because of the nature or number of convictions, employment of competent Canadian immigration counsel may facilitate approval of the application.

 

5. Temporary Resident Permit.

 

If a person is not eligible for deemed, streamlined, or approved rehabilitation, the only option remaining (short of a pardon or executive action) is to apply for a temporary resident permit. This is a process where a person requests special permission to enter or remain in Canada.

 

A person seeking a temporary resident permit submits the documents required for deemed or streamlined rehabilitation as well as a completed Application for Criminal Rehabilitation, except that the applicant does not check the box in § A(1) indicating Application for Approval of Rehabilitation, but instead checks the box in § A (2) indicating For Information Only.

 

As poignantly noted on the Citizenship & Immigration Canada website, the Customs and Immigration officer will review the Application form, look at the nature of the offenses, the number of offenses, when the offences happened, and the applicants current situation, and then the officer will:

 

At Canadian visa offices outside of Canada:

 

advise that they do not recommend that you travel to Canada; or,

advise that you could apply for special permission (temporary resident’s permit) to enter Canada.

At Ports of Entry (airport, marine or land)

(Contact your nearest Canadian visa office before traveling into Canada.)

 

advise that you will not be allowed to enter Canada and ask you to return immediately to your country of departure;

take enforcement action (arrest, detention and/or removal); or,

advise that you could apply for special permission (temporary resident’s permit) to enter Canada.

In Canada

 

ask that you leave Canada voluntarily;

take enforcement action (arrest, detention, and/or removal from Canada); or

advise that you could apply for special permission (temporary resident’s permit) to remain in Canada.

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The safest course of conduct is to make application for, and obtain approval of, a Temporary Resident Permit at a Canadian consulate in the U.S. prior to attempting entry to Canada. The website indicates that Approval of Rehabilitation and Temporary Resident Permits take a minimum of six (6) months to process in the Seattle office; a telephone conversation last month indicated the time in Seattle is much closer to one year. Clients seeking quicker decisions should direct their applications to the Canadian Consulates in Detroit and Buffalo.

 

Failure to timely seek a Temporary Resident Permit can result in disastrous consequences. A client who failed to seek a Temporary Resident Permit was stopped at Customs and Immigrations in Toronto, detained, and returned to Denver the next morning on the next flight home. He was also unable to close a multi-million dollar sale, and lost his job as a vice-president in the cellular phone industry. Another client who failed to seek a Temporary Resident Permit was stopped, questioned, and permitted to enter Canada for business, but was counseled she would not always be so lucky.

 

Once a Temporary Resident Permit is granted, it must be updated every 6 months to 1 year. It is not permanent. There are significant non-refundable processing fees associated with Temporary Resident Permits, and not surprisingly, higher fees correspond to cases involving more serious criminality.

 

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6. Processing Problems.

 

The most frequent problem is inadequate or incomplete documentation. Although court documents may be difficult to obtain, Canada typically requires them for review. Proof of sentences being completed is critical, which could be anything from a letter received stating that a person’s civil rights have been restored or a letter from a probation officer stating that all sentences were completed successfully, to proof of the final payment of a fine showing a zero balance. If court documents and/or proof of completed sentences have been destroyed by the court, Canada requires a letter from the court which clearly indicates that files are no longer available. Canada also needs to see original FBI certificates and state police certificates issued within the year, and requests all required materials be submitted in one package. While the minimum processing time for these applications is six (6) months, many cases take longer to process.

[Greencoachdog]

To be realistic about this, I've entered Canada without even showing my ID. I just had it ready and in my hand, the border guard saw this and never asked to see it. Just asked the usual questions about firearms, food stuff, where I was going, and had I been to Canada before.

 

The hardest part of a Canadian trip is getting back into the US, Homeland Security aint playing.. they're stern and strictly business!!!

[moparhawk]

i didn't realize that was the rule. Yikes.

 

is DUI a criminal offense here?

 

considered a FELONY in Canada not the US

[moparhawk]

Does your son have a passport?

 

We are planning on making application soon as it takes 6 wks or so and we had plenty of time

[moparhawk]

To be realistic about this, I've entered Canada without even showing my ID. I just had it ready and in my hand, the border guard saw this and never asked to see it. Just asked the usual questions about firearms, food stuff, where I was going, and had I been to Canada before.

 

The hardest part of a Canadian trip is getting back into the US, Homeland Security aint playing.. they're stern and strictly business!!!

 

So have we. Little more than a friendly smile, a few simple questions, and on we go.

[mbac31]

I beleive that if he has a passport and he is not the driver he is fine. I could be wrong.

[moparhawk]

Well it seems as if I have to break the news to him and the rest of the group. Irish thanks for your post it was very informative just not what I wanted to hear. I believe my son has and continues to pay for the foolishness of an 18 yr old but I must say it was difficult to help him pick up the pieces. His maturity from 18 to 22 sems like 10 yrs not 4. Thanks for the replys everyone.

[moparhawk]

I beleive that if he has a passport and he is not the driver he is fine. I could be wrong.

 

Really?

[mbac31]

Call ahead of time and check. They can only say yes or no.

[WeedLine]

Hope for the best, he'll get in. He's not a threat and if you explain the reason for the trip they should be cool at the border.

[moparhawk]

Hope for the best, he'll get in. He's not a threat and if you explain the reason for the trip they should be cool at the border.

 

I'd give anything if you were our border guard!

[smally21]

hope for the best and plan for the worst. some days you could get a nuclear bomb over the border some days you can't get a cigarette lighter across. your son can be denied entry, and should be prepared to turn around without effecting the rest of the group.

 

cross your fingers and go for it. act really nervous and shifty at the border maybe they'll pay more attention to you????

 

as a side note if every answered questions like irishfield - great effort!

[Daplumma]

I have crossed many times as a driver and a passenger.Never had them do more than a quick couple of questions.If you have a ton of fishing gear and your passports they will most likely wish you good luck fishing.Just dont take his vehicle or have him be the driver.

Joe

[Greencoachdog]

Moparhawk, you should apply for the passport before you say anything. More than likely if the DUI is an issue he'll be denied a passport.

 

If his passport comes thru I still wouldn't say anything to anyone at the border. Just tell him to play it cool and be very civilized and mild mannered while in the GWN and don't let him drive.

 

I think the past DUI would only be a problem should he get into trouble while in Canada.

[fishing n autograph]

considered a FELONY in Canada not the US

 

There's no such thing as a felony in Canada.

 

As serious as impaired driving is on our roads, it is not really considered a serious offence in Canadian courts (at least in the GTA). It's not a violent offence and is not a property or drugs related crime, he "should" be fine.

 

On a related note, in Canada it's called Impaired Driving not DUI

[nofish4me]

One thing I've discovered is, records of offenses after certain amounts of time can disappear, but (there's always a 'But') it must be initiated by the one with the offense. It will never just automattically disappear.

[Radnine]

As much I as I believe that this site is capable of solving almost any problem, are there not professional avenues you should pursue in this regard?

When I have questions of these sorts I have found it handy to email my MP or MPP, or the Minister of the Interior, or whomever looks after border type issues. With email communication the answers are usually very quick indeed. I think that they enjoy a good chance to help their constituents rather than people just writing to crab about stuff.

Good luck!

Jim

Edited January 10, 2010 by Radnine

[FisherMike]

i work at a lodge and all of our guests are american. we have had many guests stopped at the border and not allowed into canada because of a DUI. if you dont do the required paperwork you will not be allowed entry into canada. we had 3 guys drive up from texas, 1 had a DUI and was denied at internatinal falls, MN. he had to book a flight all the way back down to texas from minnesota. as far as the passport, you can definitely still get one with a DUI. other countries, like mexico, will allow you into the country with a DUI. hope this helps.

[Terry]

you need to get the passport, if he gets one

 

then it is a crap shoot

 

if they check, which is about 15% chance, then he may be let in because of the type of visit or they may denied entry.

 

it sure screws up the trip if he's sent packing...

 

it happened to us going into the US, my buddy had history that I didn't know about, they would let me go but he could not enter, so I turned around and went home.....sure was an expensive 6 hour vacation