Did you know that a single DUI infraction makes you “criminally inadmissible” to Canada? Individuals planning to drive through Canada to Alaska with a DUI should ensure they have taken steps to rectify their inadmissibility before they embark on their trip. Arriving unprepared could result in a big disappointment and bring your plans to a halt.
For a number of reasons, many Americans need, or prefer, to drive through Canada to get to Alaska . Some are moving to Alaska and must drive a U-Haul full of belongings from the mainland United States and up through Canada. Other examples include long-haul truck drivers who require access to Canada to transport goods from Seattle to Anchorage. In fact, access to some cities in Alaska leave no alternative other than to drive through Canada or take a ferry.
Each year, when attempting to transit between the mainland United States and Alaska, thousands of Americans are denied entry to Canada because of DUI. Even a misdemeanour DUI infraction will render an individual criminally inadmissible to Canada.
If you have a DUI conviction on your record, you will most likely require special permission from the Canadian government before you can enter Canada. You are not permitted to enter Canada with a DUI to drive to, or from, Alaska, even if you are only riding as a passenger in the vehicle. If you have somehow successfully entered Canada with a DUI in the past (due to error or other), you are still considered criminally inadmissible and must remedy your status before entering Canada. Further, attempting to enter Canada when you know you’re criminally inadmissible is a violation of Canadian immigration law, and lying to a Canadian border officer is a serious offence that could lead to your detention.
The good news is that there are options to enter Canada with a DUI so you can commute to and from Alaska. The options available largely depend on how much time has elapsed from the completion of your sentence:
- Temporary Resident Permit (TRP): If it’s been less than 5 years since you completed all sentences related to the conviction (probationary periods, fines, court order programs, etc.), you must apply for a Temporary Resident Permit.
- Criminal Rehabilitation: If more than five years has elapsed since you completed all sentences related to your most recent conviction, you can submit a Criminal Rehabilitation application.
As the name suggests, a Temporary Resident Permit is only a temporary solution to criminal inadmissibility. Criminal Rehabilitation will remedy criminal inadmissibility permanently.
Finally, a solution that rarely requires any action is a status of “deemed rehabilitation”. If more than 10 years has passed since the completion of all sentences related to your DUI conviction, you may be considered deemed rehabilitated; meaning you are no longer criminally inadmissible to Canada due to the amount of time that has passed. If you have more than one DUI conviction on your record since the age of 18, you are ineligible for deemed rehabilitation status and will require special permission to enter Canada.
To speak with a DUI Entry Canada lawyer about entering Canada with a DUI, contact First Immigration Law Firm @ 1-855-360-4333