Americans Being Denied Entry at Canadian Border

January 15th, 2011 admin

Think you can travel to Canada even though you had a DUI conviction 5 years ago? Think again!

Canadian Immigration law allows officers to prevent anyone, from any country, from being admitted if they have any criminal history. The length of time elapsed since the conviction, or the nature of the conviction, does not always affect your inadmissibility.

Due to the close proximity of the two countries, and Canada’s access to American criminal information, Americans are especially affected by this policy. Officers have wide reaching decision making power, and might let you in despite a record, but it is big risk to take when making travel arrangements.

Here are the facts on how you can expect to be treated.

If upon questioning you admit to having a criminal conviction, you will likely be prevented from entering Canada.

Canada Border Services Agency can access NCIC (FBI’s information system) and examine conviction information. If your record shows in the database you are likely inadmissible. While any conviction can prevent entry, Driving under the Influence/ Drunk Driving, Drug Possession, Theft and Assault are the most commonly seen. Misdemeanors as well as Felonies can be counted against you.

Are you inadmissible?

If you are inadmissible you have two possible solutions :

* Prove that you are rehabilitated – Application for Rehabilitation

* Apply for special permission to travel to Canada – Temporary Residence Permit

Rehabilitation

If your offense was not recent, you can show that you are now a law abiding citizen. The length of time that must have passed is either 5 or 10 years from the completion of your sentence. The severity of the crime determines whether 5 or 10 years applies to your case. It is important to note that completion of the sentence can reflect jail/prison time, probation, a fine, or parole. This means that if you spent 30 days in jail, with 6 months on parole, the 5 year period begins the day your parole is completed. Rehabilitation should be applied for at a Canadian Embassy or Consulate, well in advance of the date of travel.

Temporary Residence Permit

This permit can be issued to any inadmissible person, if an Officer feels that their situation deserves special consideration. There are a variety of circumstances under which these permits may be approved, but they are always discretionary.

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