Prior to legalization in Canada, two or more charges of possession of marijuana including civil violations in states where small amounts are decriminalized could potentially cause a person to be non-admissible to Canada. Now that the country has legalized recreational cannabis, however, offenses for possession of more than 30g are the ones that typically cause the most trouble at the border.
Possession of scheduled prescription drugs without a valid prescription can also lead to an American being stopped at the Canadian border due to their criminal record. It is the seriousness of the equivalent crime in Canada that determines whether or not a conviction renders a US citizen inadmissible to Canada. For example, a drunk driving arrest in the United States may result in a misdemeanor DUI conviction or a misdemeanor wet reckless driving conviction, not a felony conviction, but because the offense equates to a potentially serious crime in Canada it can still prevent a person from being allowed to cross the border.
Many crimes in Canada are hybrid or dual procedure offenses that can be a summary offense small crime or indictable offense major crime. At the border, however, all criminal convictions that equate to a hybrid offense in Canada are treated as indictable.
Consequently, a misdemeanor criminal record can essentially be viewed similar to a felony criminal record by CBSA staff at the border. This is why it is so difficult to get into Canada with a criminal record even if you do not have any felonies, and why even an old DUI record or reckless driving record can cause a US passport holder to not be granted entry.
It is possible to quickly go to Canada with a criminal record, provided you successfully petition the Government for an emergency TRP at the border.
Canadian admissibility is determined by the appropriate legislative equivalent in Canada. If you commit an offense in a jurisdiction outside of Canada, such as in the United States of America, you may be criminally inadmissible to Canada and could be denied entry at the border. If you apply for a TRP at the border, however, you may be given special entrance permission provided your situation is truly an emergency. Advanced permission for crossing the Canadian border with a criminal record can be obtained through a Canadian Consulate.
Visitors with a felony criminal record will often have more difficulty crossing the border compared to travelers with a misdemeanor criminal record but visiting Canada with a misdemeanor conviction can still extremely challenging. Many foreign nationals, particularly Americans, are shocked to learn that a single criminal offense as "minor" as driving drunk can render a person ineligible to visit the country.
We receive many phone calls from individuals who unfortunately only began searching for information related to entering Canada with criminal record after they were denied at the border as opposed to before their trip. To get around maximum visit durations or simply to visit a neighboring country, foreigners living in Canada may briefly travel to the USA often for just a weekend and then attempt to re-enter Canada only to run into problems.
Re-entry into Canada can be just as difficult as entering the first time, and you can be denied for reasons such as criminal inadmissibility even though you have been successfully living in the country for the past few months. For this reason, it is extremely important that before you leave Canada for any reason you gather all the relevant documentation needed to re-enter the country successfully.
When it comes to DUI Canada entry, being a resident does not necessarily ensure you can enter Canada with a felony or misdemeanor drunk driving charge. This means that it is possible for a foreign national with a Canadian Work Permit or Study Visa to be not allowed to enter Canada because of a criminal record. In rare circumstances such as serious criminality, even a Canadian Permanent Resident Card Canada PR Card holder could be deported or refused entry at the border.
If you have been denied entry to Canada, it may be possible to obtain the notes of your border denial from the Government. Unless you are attempting to enter the country as a refugee or feel that proper procedures were not followed by border staff, however, there may be no point in securing a copy of your case summary.
If you are considering applying for permanent residence in the permit holder class, you may be happy to know that you cannot be stopped from extending your temporary residency status simply to preclude you from becoming eligible to apply to become a Canadian permanent resident.
When it comes to foreign nationals being inadmissible on health grounds, the risk assessment performed by a border officer is convoluted as he or she determines if the visitor could pose a threat to the public. A visitor could be denied entry on the grounds of health inadmissibility if they are suffering from a communicable or contagious disease, or if Canadian taxpayers might end up footing the bill to cover the cost of the person's treatment because they lack adequate health insurance coverage.
Travelers will be informed of all negative decisions made at the border in writing, which helps reduce any confusion as to whether or not you are admissible to Canada. Canadian border background checks can reveal a tremendous amount of information about a party including any present driving restrictions, warrants, or even if they have a restraining order placed against them. It is foolish to think that border authorities cannot see drunk driving charges, and even more stupid to attempt to travel internationally when you have a bench warrant even if it is from another state.
Crossing the Canadian border with a DUI that makes you criminally inadmissible without receiving a refusal of entry is possible, but an individual would either need to acquire governmental permission or have to get extremely lucky. If all charges against you were dropped by the prosecutor or you received a comparably positive outcome, you should always bring a copy of the municipal, county, or federal court records with you to show the guards at the border to prove your entry is justifiable despite the initial event showing up on your crime report.
A distracted driving citation for talking on your cell phone or texting while driving should not result in a ban from Canada. Please do not talk on your mobile or text when driving though, as statistics show you are 23 times more likely to be involved in a crash or near car crash event.
Law enforcement agencies across the United States are also cracking down aggressively on people who text and drive, even posing as homeless panhandlers at various intersections to catch distracted motorists. According to statistics obtained by Canadian news organization La Presse, the number of Americans denied admission while trying to enter Canada has skyrocketed recently. The figures show that 30, Americans were denied entry at the Canadian border in In , the number of Americans refused admittance was 7, Consequently, the number of people getting rejected at the Canadian border due to past impaired driving offenses could continue to increase in the future.
During the COVID pandemic that caused the Canadian border to close to all non-essential traffic, tens of thousands of Americans were denied entry into Canada because their reason for travel was considered "discretionary" or not important. A person with more than one misdemeanor that equates to a hybrid or indictable offense in Canada may never automatically be deemed rehabilitated by time and could be denied entry at the Canadian border even decades later.
If you are a convicted felon or have a misdemeanor that equates to serious criminality in Canada, you may also never be eligible for Deemed Rehabilitation and could be considered inadmissible to Canada forever unless you request special entry permission.
As of December , driving under the influence of alcohol is considered a serious crime in Canada with a maximum term of imprisonment of ten years. Consequently, a single impaired driving offense can cause an American to be denied entry by Canada regardless of how long ago the incident occurred. An offense does not have to result in a criminal conviction to cause problems at the border, civil DUI violations and traffic infractions that involve the intoxicated operation of a motor vehicle can also result in a visitor being rejected at the Canadian border.
Any offense that involves physical harm to others is excluded from automatic rehabilitation, and consequently an old assault or domestic violence conviction can cause a person to be denied entry into Canada even if it was only a misdemeanor conviction.
If a visitor has two or more violations that equate to a summary offense in Canada, but none that equate to a hybrid or indictable offense, they may be eligible for Deemed Rehabilitation after five years but could still be denied entry by border officials if they do not have the right documents. If a traveler has one conviction that equates to an indictable or hybrid offense and two that equate to a summary offense, they could be considered ineligible for entry for life even if none of the offenses are considered serious criminality.
Citizens of other countries must have a valid passport up to 6 months after the intended date of departure. In case of an invalid passport, a secondary inspection is mandatory. The United States Passport Card is required. The U. Lawful Permanent residents can use their permanent resident card or any other valid proof of their permanent residencies. Travelers entering through ferries or boats will also be subject to the aforementioned requisites and must require a WHTI-compliant document.
Entry into Canada depends upon how much an individual can convince an immigration officer on their intent of visit and assurance of return once the duration of permit to stay, expires. It is responsible for immigration, border enforcement, and customs. The agency removes any person who is trying to enter Canada illegally. All individuals are subject to screening and examination by CBSA officers. They use detector dogs for their examination. The agency is also responsible for the three main seaports, mail centers, and detention facilities.
If you have ever been arrested or convicted of a crime, you may be considered criminally inadmissible to Canada unless you have acquired special entrance permission from the Canadian Government.
Interested in going to Canada but have a criminal record? Phone us today for a free consultation. While the criminal offenses listed above can render an American inadmissible to Canada, there are some crimes that do not always equate to an indictable offense in Canada.
Loitering, open container offenses, criminal contempt of court, disturbing the peace and public intoxication are examples of crimes that will not necessarily make a person criminally inadmissible to Canada provided it is an isolated incident. Even if you have never been convicted of a serious criminal offense, if you have received two or more convictions or violations that equate to summary offenses in Canada, such as disorderly conduct, you may be considered criminally inadmissible to Canada.
If an offense in the United States equates to a hybrid offense in Canada, it can also make a foreigner excludable from Canada.
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