My wife wants me to go to Canada with her to visit her brother, however I have a DUI, I have heard people with DUI's cannot enter Canada...if this is so is there a special one time visa or something...and if so does it mean I cannot enter via vehicle( me or someone else driving) or by airplane or train.
Depends on how long ago your DWI was. You may want to post your question in the immigration category to get more answers from people who deal with this issue on a day to day basis.
This is not intended as legal advice. No attorney / client relationship exists because of this response.
In order to properly answer your question one would need more information about your conviction. For first-time offenders that were convicted of a misdemeanor, there are ways to obtain a temporary visa At the border however if it is a gross misdemeanor or felony and the results can be different. The other potential problem is that issuance of the visa is discretionary. In other words the border guard can turn you away. there is information at Canada customs website and you can also discuss this matter with a Canadian immigration attorney. good luck.
This is not intended as legal advice nor does it establish an attorney client relationship. Answers could be different upon learning new facts about your case. You should meet with an attorney and fully discuss your case to obtain the best possible answers.
What the other attys. said is correct. This is a VERY complicated area of law. The means by which you enter Candada (car, plane, etc.) should not matter. However WHERE you enter may matter bec. for example at Niagra Falls they may be stict or less strict than Int'l Falls, etc. The word on the street is that individual border agents have a lot of discretion or leeway in this area of admitting people w/DWI's.
This is not legal advice. Communications on this website do not establish an Attorney-Client relationship. This site is only to be used for general information, not advice on what to do with your specific case.
I agree with my colleagues contact a Canadian Immigration attorney.
There are 2 ways to obtain permission to enter Canada despite having a DUI or DWI on your record.
Your first option is to file for a Temporary Resident Permit (TRP) at a Canadian visa office or when you arrive at the border. The permit is then valid for up to one year. The TRP can take up to 6 months for processing and a personal interview may be required.
Obtaining a Rehabilitation Document to Enter Canada
Best of Luck to you!
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.
Thank you for posting your question. Our firm focuses specifically on this issue, and you are welcome to call for a free consultation to determine how best to enter Canada with your prior DWI.
Maybe I should title this "Going to Canada after a DWI it's not Rocket Science," and be wary of solicitors of your issue
if you get a DWI or DWAI conviction in the states Canada will not allow you to enter without special permission. In fact, any misdemeanor (or anything considered a crime in Canada) will bar entry. You have options, but neither is particularly exciting, and most definitely onerous.
So you have TWO OPTIONS after a New York DWI or DWAI conviction:
OPTION ONE: Apply for an Approval of Rehabilitation at the Canadian Consulate or Embassy
You must show you are living a clean and stable life but unfortunately you can only apply after 5 years have passed since the date sentence was imposed and/or your period of probation has ended.
OPTION TWO: Obtain a Temporary Resident Permit, Go to:
You will need: 2 passport photos, a criminal clearance certificate, 3 letters of reference
NOTE: You will need to obtain a criminal clearance certificate from ALL police authorities from ALL countries you have lived since age 18.
To obtain a criminal clearance certificate in the United States:
1. You will need a set of fingerprints (go to a local police department or a regional DMV office)
2. A letter of request for a criminal background check with a check (go to FBI website for latest rates)
3. Send to:
FBI/Criminal Justice Information Services Division
Attn: Records Request
1000 Custer Hollow Road
Clarksburg, WV 26306
Canada does not automatically grant Temporary Resident Permits to anyone with a DWI or DWAI conviction. They (Canada) will weigh 4 main factors:
1. If the applicant has a reason to visit Canada beyond pleasure pursuits. ie. Relatives who reside in Canada that may be ill.
2. If the applicant has property interests in Canada or a business relationship in Canada
3. The nature of the applicant's criminal offense in the States and it's severity.
4. The time that has passed since the offense was committed.
now some good news
They passed (more like giving a statement) the Tourism Facilitation Action Plan in 2012.
Called OB 389, this Canadian measure directed border officials to relax a bit on first time offenders from the States who did not pose a risk to Canada. see OB 389 here:
Operational Bulletin 389 - February 27, 2012
Cost Recovery Fee Exemption for Temporary Resident Permits Issued to Foreign Nationals who are Inadmissible on Criminality Grounds
A public policy was recently approved with respect to the entry of foreign nationals (FNs) who are inadmissible on A36(2) criminality grounds. Specifically, the policy allows the grant of a one-time fee exemption for a Temporary Resident Permit (TRP) for certain offences, including offences such as driving while impaired (also known as driving under the influence (DUI)).
This also related to New York criminal DWI (driving while intoxicated) and non-criminal DWAI (driving while ability impaired)
With so many 2012 and 2013 article titles, like "Oh Just One Mistake, No Problem" or "Canada wants you now, so come visit, hunt, fish, and recreate" people were lead to believe getting into Canada was easy (or at least easier). BTW I love Canada, when I visit I always see it as such a friendly and clean country.
Lawrence (Larry) Newman, D.C., J.D. Attorney at Law Doctor of Chiropractic Licensed in NY, PA, NJ, & FL The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Dr. Newman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Entry into Canada can certainly be an issue for those with DWI convictions. There is a process to seek a temporary permit/waiver to gain entrance. However, my understanding is that you must make application and wait for a decision..which can be timely. I recommend you contact an immigration attorney that may deal with these issues in the U.S. or Canada prior to traveling. Good Luck!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights
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