I was Refused Entry to Canada because of DWI Charge in the US

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.

My Offense:

I have a 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 plea bargained. 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 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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It appears that your DWI/DUI charge renders you inadmissible to Canada. As such you would require a Temporary Resident Permit (TRP)  in order to enter Canada. After 5 years, you may be eligible for Rehabilitation which would, if approved, make you admissible to Canada again. In the mean time, you should consider applying for a TRP either at a Canadian Consulate in the US or at a US/Canada Port of Entry.

More information on TRPs can be found here

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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