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Getting Into Canada After a DUI Conviction
Several years ago there was a time when a US citizen was allowed to enter Canada without any sort of intrusion or difficulties with border patrol agents. Since 9/11, unfortunately, a lot has changed at the border, and the days of walking into Canada without more than a wink from border patrol agents are long gone.
As a DUI attorney I deal with many people facing DUI charges, and sometimes people who have already been convicted. It is important to understand how you can avoid some collateral consequences, such as being denied entry to Canada when you reach a resolution on a DUI matter. That alone would be a whole article and beyond the scope of this one. What I would like to address is what happens after a person is convicted of a DUI and how they can be admitted to Canada afterwards.
So let’s talk about what happens if your DUI conviction is less than 5 years old. If you’ve recently been convicted of a DUI and want to enter Canada as a US citizen, your options are pretty limited. You can either try your luck at the border and risk being turned away. Or you can apply for a temporary residence permit. The cost is around $200 and be warned that this process can take months and months and there is a lot of paperwork to fill out.
If your DUI conviction is more than 5 years old, then your options are a little better. As always, you can try your luck at the border and risk being turned away. You can apply for the temporary residence permit discussed above. Or you can apply for a rehabilitation permit. The non-refundable fee ranges from $200 to $1000 depending on the type of crime and the seriousness of the offense. What you need to provide to be approved is a police certificate of criminal history from every state you have ever resided in since the age of 18. You should also provide the dates of each home and work address since the age of 18. Again like the temporary residence permit this process can take months and months, with the average time being over 1 year.
Now let’s say more than 10 years have passed since your DUI conviction. Since so much time has passed, the Canadian consulate has decided to facilitate these people. You can actually go to the border and apply for a resettlement permit right then and there, as long as the application is filled out correctly. If approved, then your DUI history will no longer be an issue and you can come and go as you please and experience all that Canada has to offer.
This is a difficult area of law that can be confusing and is often misinterpreted. It is best to speak with an experienced DUI Attorney who works in your state
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