Americans denied entry to Canada for DUI

A DUI (Driving under the influence conviction or drunk driving conviction) can cause you to be denied entry to Canada, even if you are an American citizen. If you have a criminal record for a DUI, you will simply be turned away if you try to enter Canada and you must return to the United States. 

While most criminal records can get you denied entry to Canada, the Canadian government takes DUI convictions very, very seriously.

What are my options when denied entry to Canada for DUI?

If you are denied entry to Canada for a DUI on your criminal record, you could consider applying for criminal rehabilitation. You will only be eligible if your conviction is older than five years, and to do this you must apply for criminal rehabilitation at your Canadian consulate or embassy.

Another option you have when you are denied entry to Canada for a DUI is to apply for a temporary resident permit, sometimes called a visitor visa in Canada. When you apply for a temporary resident permit, you will be able to enter Canada despite already being criminally inadmissible.

When you apply for a temporary resident permit, you have two options. You can apply at the Canadian port of entry (like an airport) or at the Canadian border, and if you are approved you will be approved on the spot – allowed to enter Canada. However, the major downside to this method is that if you are denied – and many of these applications are – you will have travelled all of the way to the borer or port of entry and not be allowed to enter.

You may also apply at the Canadian Consulate in the United States by mail. While this method takes several months to process, you will not have to travel.

Applying for a temporary resident permit is not an easy process. You are criminally inadmissible to Canada and will have to provide a lot of information to the Canadian immigration authorities so they can look over your case very, very closely. In addition to providing them with the details of your criminal conviction, you will have to convince them that you will not overstay your temporary resident permit, and that you will leave Canada when you are done with you visit. You can do this by providing proof that you have strong ties to the United States, namely that you have a job there, immediate family there or that you own property there.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: Criminal Inadmissibility criminal record Denied entry to Canada for DUI Denied Entry to the United States enter the United States Temporary Resident Permit US Waivers

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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