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Old 01-05-2007, 09:01 PM
iamspiral
 
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Default If you get a ticket for a DWI in the U.S. are you still able to travel to Canada to visit Family?

Someone told me that you can't go to Canada for three years after you recive a DWI ticket, then someone else said that you can never go there again unless you apeal the Canadian Government.Is there anyone out there who knows if that is true?
Also if it is true, how do I apeal the Canadian Government from here?
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Old 01-05-2007, 09:03 PM
t c
 
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Almost all convictions (including DUI, DWI, reckless driving, negligent driving, misdemeanour drug possession, all felonies, domestic violence (assault IV), shoplifting, theft, etc) make a person inadmissible to Canada, regardless of how long ago they occurred. For this reason, it is not recommended that persons with past convictions attempt to enter Canada without first obtaining necessary documents. It is always the final decision of officers at ports of entry to decide whether a person is allowed into Canada.

There are several ways individuals can overcome criminal inadmissibility:

* deemed rehabilitation at a Canadian port of entry
* approval of rehabilitation through a Canadian Consulate in the United States
* temporary resident permit through a Canadian Consulate in the United States

ARE YOU DEEMED REHABILITATED?

Persons are eligible to apply for deemed rehabilitation at a port of entry if the following are true:

* There was only one conviction in total or one criminal act
* At least ten years have elapsed since all of the sentences for the conviction were completed (payment of all fees, jail time completed, restitution paid, etc.)
* The conviction would not be considered serious criminality in Canada (most felony convictions in the United States are considered serious criminality in Canada)
* The conviction did not involve any serious property damage, physical harm to any person, or any type of weapon

Deemed rehabilitation is determined at Canadian ports of entry. Please be advised that requesting deemed rehabilitation does not guarantee that the request will be approved. Should a person wish to be considered for deemed rehabilitation, the following documents may be brought to a port of entry during regular business hours (Monday - Friday between 8 am and 5 pm):

* a completed application form
* United States passport or birth certificate plus photo identification
* a copy of court documents for each conviction, and proof that all sentences were completed
* a recent FBI criminal record check
* recent police certificates from the state where the conviction(s) occurred and from any state where a person has lived for six (6) months or longer in the last 10 years

If you are not certain that you are deemed rehabilitated or would prefer to know whether you are criminally inadmissible before your planned trip to Canada, you may apply for rehabilitation at our office and submit a non-refundable processing fee. If you meet the requirements for deemed rehabilitation, we will send you a letter to that effect. If you do not, we will process your application for approval of rehabilitation. You must apply well in advance of your trip as routine applications can take six months or more to process
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Old 01-05-2007, 09:07 PM
peta_wabbit
 
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You need to appeal your local government and get a pardon.

for a DUI, you *might" be "Deemed Rehabilitated" after 5-10 years.. but you need to apply through the Cdn embassy or consulate
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Old 01-05-2007, 09:16 PM
ST
 
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Canada is really strict on drinking and driving. There was a case locally where a man wanting to visit this area was turned away for a DUI 23 years ago. You need to apply to have it pardoned.

Here is the link for info on how to have it pardoned and the times etc

http://www.cic.gc.ca/english/visit/conviction.html
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Old 01-05-2007, 09:34 PM
The Mayor
 
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Did you just get the DWI and are now contemplating the consequences of it, or did you get it more than three years ago and are wondering if it is OK to visit your relatives in Canada?

If you just got the ticket and have not gone to trial yet; and this is your first offense, have your lawyer petition the court for a PBJ. No, not a peanut butter and jelly sandwich; probation before judgment. If the court grants this request, and you do not have a repeat offense during the probationary period, then you will not have a conviction for DWI and no such offense will appear on your record.
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Old 01-05-2007, 11:02 PM
tulika k
 
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yes we can
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Old 01-08-2007, 02:35 AM
tiggrrrrr75
 
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Here's why: in many US states a DWI is a misdemeanor but this same crime in Canada is a felony. In order to enter Canada, your criminal record is looked at from Canada's laws perspective. In order to enter, you would need to have a pardon or an exemption (Rehabilitation) from the Canadian government.

All the details are in these links to Customs and Immigration Canada
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