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Visiting Canada With DWI - Is It Possible?
Posted: Dec 19, 2015
Visiting Canada with DWI is not a simple as showing up at the body with a valid US passport. If you were arrested or convicted with a DWI, regardless of whether it was a felony offense or a DWI, you are ineligible to enter Canada. This rule stands regardless of whether you’re planning to drive once you are in the country or not. A DWI can force the border officials to turn you away and deny you eligibility to enter Canada on any other immigration program.
Solutions To The Problem
There are a few solutions available to people visiting Canada with DWI.
1. Temporary Resident Permit
First, there is a temporary solution which involves the application of a temporary resident permit (often referred to as a TRP). With this permit, you can enter Canada only for a limited time as long as the reason for your visit is valid. This is a quick fix for people who are not yet eligible for the permanent solution and are visiting Canada with DWI.
You are allowed multiple visits into Canada with a TRP for only 3 years dependent on the application admitted. If you’re visiting Canada Canadian criminal inadmissibility with DWI and are applying for a TRP, you need to start the application process early enough because it’s usually very extensive.
2. Criminal Rehabilitation
This is a more permanent solution.. Here, you can petition the immigration authorities in Canada to forgive your DWI conviction in order for you to be allowed entry into the country. To be eligible for this solution, at least 5 years should have passed once your sentence was completed. The sentence might include driving course, paying fines, probation, community services or probation.
Once you have completed the streamlined rehabilitation process, you get a fresh start and can enter the country freely. Unlike the temporary option mentioned above, you don’t need to renew any documents for this permanent option. For people visiting Canada for business or pleasure, the permanent option is more suitable because it brings a peace of mind of not being denied entry into the country.
3. Deemed Rehabilitation
Under the immigration law in Canada, you can be deemed rehabilitated if you have only one DWI conviction. Also, if enough time has passed since your full sentence was completed, you are also rehabilitated. Of course, the sentence might refer to anything imposed onto you by the court such as payment of fines, probation, jail time or reinstatement of your driving license.
If at least 10 years have passed since your sentence was completed and there is nothing else in your record since then, your prior DWI will be disregarded and you can be allowed entry into the country. Of course, if you have more than 2 DWI convictions or any other criminal convictions on your record, you can’t be deemed rehabilitated. As a result you will be denied entry into the country without a TRP or criminal rehabilitation.
Seeking Legal Opinion
However, if you have been deemed rehabilitated by the amount of time passed since your sentence was completed, you should make it easier for the authorities by bringing a legal opinion letter that explains the whole situation to the immigration authorities in Canada. If you want to improve your chances of admission into Canada, you should consult an immigration lawyer.
He/she will help you take the necessary actions involved before and during the application of entry into Canada thereby improving your chances of getting into the country. That way, you don’t have to risk explaining to your family members or friends why you were denied entry into Canada. Of course, you need to do lots of research when choosing an immigration lawyer to make sure you have the best person for the job.
Will Travelling Companions Find Out About Your DWI?
Getting into Canada with a DWI is very stressful. It’s also disconcerting if you’re travelling with people and are worried about finding out. If you’re travelling into the country for business, you might be intensely worried that your boss will find out about your DWI. Well, there is a chance that you might just keep your secret from any co-workers, bosses or other travelling companions coming along for the ride.
Of course, the easiest way to do this is to apply for a TRP prior to your travelling date. Once you have the document in your hands, you can gain entry into the country without anybody ever finding out. Of course, most bosses usually spring out these travel plans just a few weeks earlier making it hard for you to be fully prepared.
Well, the best way to beat the system is to apply for a TRP once you gain employment in a place where you might have to travel to Canada. That way, whenever your boss springs the trip on you, there is no chance of your conviction ever being discovered.
If you’re travelling with your coworkers and they are driving, you can always excuse yourself from the road trip. Tell them that you will meet at the border. Of course, that will give you ample time to present your TRP to the border officials without anybody ever finding out about your DWI conviction.
Applying For A TRP Without A Lawyer
There are many individuals who prefer to apply for a TRP without involving a lawyer. Of course, this is acceptable but it’s more preferable to have a lawyer by your side. If you have not prepared the application carefully, you always risk the chance of being denied entry into the country. That’s considerably a waste of your time when you could have hired an attorney to make things easier.
Compare applying for a TRP on your own to representing yourself in court. Of course, it’s allowed but it’s not a good idea.
About the Author
In most cases, you might overlook the necessary evidence or omit the required regulations in order for the application to go through.
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