LEGAL GUIDE
Written by attorney Cory Earl Yager | Apr 22, 2011

Canada - Are You Criminally Inadmissible from Entry ?

Canada - Are You Criminally Inadmissible from Entry ? After the terror attacks that occurred on September 11, 2001, the United States has increased its level of security at all border entrances (including airports, waterway entries and via roadways). There have also been increases in the levels of screening by Canadian Counterparts at Canadian entrance points as well. Any United States Citizen or person attempting to enter Canada from the United States is subject to scrutiny to determine if the person seeking entry into Canada has a prior criminal charge or conviction. Those with Criminal Convictions or pending charges for DUI among other things are refused entry into Canada. Almost all convictions arising in a United States court relating to DUI (including DUI, DWI, reckless driving) in addition to Drug Possession Charges, Domestic Violence offenses, and Felonies will generally cause a person attempting to gain entry to Canada from the United States to be denied entry as "criminally inadmissible". This is the case no matter how long ago the offense occurred. The best practice for people with these types of problems is to Contact the Canadian Minister of Justice and to seek to obtain prior Written Approval. Legal Counsel in Canada may also be effective in securing entry for persons with these types of offenses especially if the purpose for which the person seeks entry is commerce or business related. It is not recommended that people with past criminal convictions try to enter Canada without first obtaining the required Canadian approval for entry. Such entry, if detected can result in charges for a violation of Canadian Federal Law. The ultimate authority with regard to whether a person will be granted entry into Canada from the United States or elsewhere rests with the border control officers at the place where entry is sought. Those convicted of a criminal offense may seek a certificate of rehabilitation from a Canadian Consulate within the United States, from the Ministry of Justice in Canada, or at an entry point to Canada. Seeking a certificate of rehabilitation is a process that may require the assistance of an Attorney who is familiar with this process and requires fees payable at the time of application. Payment of fees for an application for a certificate of rehabilitation in no way guarantees that a certificate of rehabilitation will ultimately be granted.

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