Canadian Travel After a DWI Conviction
Legal Help Entering Canada
If you're convicted of driving while intoxicated (DWI), you could be looking at imprisonment, fines, and a driver's license suspension, among other penalties. However, the consequences do not stop there: You could also be deemed "criminally inadmissible" to Canada. This means that if you're trying to visit the country or live there for work, you may be denied entry because of your DWI. Going through the process of being able to enter Canada can be complex and challenging, and it's best to have a lawyer on your side who understands the system and can skillfully guide you.
At Hamilton Grant PC, Attorney Marisa Feil is one of the most trusted Canadian immigration lawyers and can help ensure your application for entering the country is completed and submitted correctly. Canadian immigration cannot legally be handled by just any attorney; they must be either a member in good standing of a Canadian bar association or the Canadian Society of Immigration Consultants. Attorney Feil is the lawyer government officials and other Canadian immigration lawyers turn to for these matters.
If you've been convicted of a DWI and are seeking entry into Canada, allow our lawyer to help you through the process. Call us today at (214) 225-7117!
Why Does a DWI Prohibit Entry Into Canada?
Canadian immigration law is strict. According to the Canadian Immigration and Refugee Protection Act, a foreign national is inadmissible into the country if they have committed or been convicted of an indictable offense under Canadian law. Indictable offenses are considered the most serious crimes in the country and include impaired driving (or driving while intoxicated).
How Can I Enter Canada with a DWI on My Record?
If you were convicted of a DWI, because of your criminal record, you may be denied entry into Canada. However, if you need to enter the country, legal remedies are available that may allow you to there.
There are four options to enter Canada after a DWI conviction:
- Deemed rehabilitated: This first option allows you to travel to Canada if at least 10 years have passed since completing your DWI sentence, including probation and other conditions placed. When determining whether or not to permit entry, the immigration officer may look at not only the number of years since your sentence completion but also other factors such as the type of offense and if you committed any other crimes. You do not need to apply for deemed rehabilitation, but it's important to speak with a knowledgeable attorney before traveling to Canada to ensure you meet the requirements.
- Individual rehabilitation: To enter Canada under individual rehabilitation, you must show that you are unlikely to commit other offenses in the future. You may apply for this legal remedy 5 years after you completed all terms of your DWI sentence. You must prove you are rehabilitated and do not pose safety risks to the country. You may need to present letters of reference, as well as documentation of a stable and permanent home and job.
- Record of suspension: This remedy is available if your criminal conviction has been wiped from your record. Because the requirements and processes are different in Canada and the U.S., discuss your situation with an experienced attorney to determine whether or not you qualify under the record of suspension rule.
- Temporary resident permit: If you have a DWI conviction on your record, you may be allowed in Canada for a limited amount of time if you are granted a temporary resident permit. When you apply for this, you must show that you have a valid reason to enter the country and your need outweighs the potential risks to public safety.
Get the Help You Need from Hamilton Grant PC
Because different options exist to enter Canada after being convicted of a DWI, speaking with a lawyer who focuses explicitly on Canadian immigration law is an essential first step. When Attorney Marisa Feil takes on a case, she attends to every detail to work toward submitting a successful application.