I had a DWI conviction in the USA and my Probation Ended. Why was I Denied Entry to Canada?

Denied Entry to Canada for a criminal offense?

My family and I live in the USA by Canadian Border near BC. My wife is Canadian and my son is Canadian. I am an US citizen. We all reside in the US.All of our relatives live in Canada (in-laws, sister law and nice and more). Now I cannot go see them at all and its been over a year since I been there and my wife’s mom and dad are getting up there in age.

I’m really worried if something ever happen to them I will not be there to support them.I have a criminal offense which is  negligent driving first-degree w/alcohol.I was refused entry into Canada and I voluntary left Canada on Feb 2008. I had to sign a Voluntary Deportation paper allowing me to leave Canada.

The offense was on 10-2004 and the court trial sentencing was on April 2005 with a two-year probation. I plead bargain. I served my probation and paid all fines.Funny, I have been driving back and forth up there for almost 4 years without anybody from the Canadian border stopping me. I walked across and show them my passport more then once without a hitch. I did not know that the misdemeanor offense I obtained in the USA was a criminal offense in Canada. Then one-day I walked across to Canadian border and the world fall apart for my family and me. I had to sign a voluntary removal notice and leave.

When will my 5 years be up for application, 2011?I am so confused on what I have to do. I need help! I have a good reason to visit Canada, my Canadian Family.

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When you are Denied Entry to Canada for a criminal offense:

Your situation is very common.  DUIs or DWIs as they are sometimes called, can render you inadmissible to Canada. The fact that you entered Canada in the past without being stopped just means that the Canadian Border Service Agency (CBSA) did not catch you. This may itself pose a problem because under the Immigration and Refugee Protection Act , you have an obligation to disclose to Canada customs any material fact relating to your entry to Canada: A criminal record is a material fact. Failure to disclose this information could lead to an allegation of misrepresentation.

In any event, since your probation ended in, it seems, in 2007, you can apply for Criminal Rehabilitation 5 years from the last day you served your sentence which would be around 2012. However, in the mean time you can apply for a Temporary Resident Permit (TRP) which, if approved, would enable to you enter Canada for a temporary period.

For Americans TRPs can applied for at a Canadian/US Port of Entry but more commonly at a Canadian Consulate in the USA. They are complicated applications so make sure you retain adequate counsel to handle them for you.You can get more information on our website regarding  TRPs here and criminal rehabilitation here.

Denied Entry to Canada?

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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.

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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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