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Why Canada Won’t Let In Americans With DUIs

Are you aware that the United States do not let in Canadian citizens who admitted to smoking marijuana although they’ve never had a charge or conviction of controlled substance possession?

The above may seem ridiculous to a lot of people, a sentiment shared by Canadian Public Safety Minister Ralph Goodale; but is there more to this than meets the eye?

All is Fair?

Foreign nationals (including U.S. citizens) who have a single conviction (or even carried in their person) 30 grams or less of marijuana will not be barred from entering Canada because the act is equivalent to just a misdemeanor under the current Canadian Controlled Drugs and Substances Act. However, foreign nationals who’ve committed an indictable offense in Canada (an act that is considered a felony south of the border) will be barred from reentry. The same applies to foreign nationals who’v had two or more offenses that are considered indictable or summary.

Some Canadians think that the above means that Canada is being too lax, as the U.S. bars entry for Canadians who’ve only smoked or carried marijuana once. This isn’t true, as Canada have very strict immigration protocols in place for U.S. citizens who have a DUI record, barring them entry while the U.S. do not impose the same ban for Canadians with a DUI charge or conviction. It is just that both nations have their own laws in place.

Canada Won’t Let In Americans With DUIs – How to Get Around This

If you’re a foreign national who’s barred from entering Canada, you can obtain temporary or permanent waivers of in admissibility to be allowed entry on a limited basis.

Temporary waivers of inadmissibility or TRPs are issued to foreign nationals who’ve committed only minor offenses (such as a DUI). They can be given on a single or multiple entry basis.

Permanent waivers of inadmissibility are also called rehabilitations. There are a lot of paperwork involved with this but it is possible to obtain a permanent waiver of inadmissibility with the help of a DUI Lawyer. Once done, this will lift the ban on entry to Canada.

Get a Permanent Waiver of Inadmissibility

Permanent waivers of inadmissibility may also be granted if the foreign national was convicted of just a single instance of an indictable offense. The following conditions must be met as well:

  • The foreign national has not been convicted of an indictable offense in Canada.
  • The maximum term of imprisonment for the offense committed is just 10 years in Canada.
  • A minimum of 10 years has gone by since all the terms and conditions for the offense’s sentence was met.
  • There is no record of summary conviction for the foreign national in Canada for the last 10 years.
  • The foreign national have no record of a conviction of an indictable or summary offense outside Canada in the last 10 years
  • And more.

If the above does not apply, it is still possible for an American with a DUI to enter Canada provided they file for individual rehabilitation with the help of a DUI Lawyer to help make sure that all details are taken care of.

Are you a US citizen who need help from an experienced Criminal Lawyer to help with gaining entry to Canada? Calvin Barry Law may be able to help! Calvin Barry is a DUI Lawyer and Criminal Lawyer in Toronto. Contact Calvin Barry for a consultation today!

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