Can I be denied entry to the US for DUI?
Criminal records are one of the most common reasons why someone would be denied to both the United States and Canada. A DUI conviction is a common reason why people find themselves denied entry to either country.
Canada and the United States have different rules regarding DUIs, or driving under the influence convictions. Canada will not allow you to enter the country if you have a DUI on your record, but there are ways to overcome this. The United States will not automatically deny you entry because of a DUI, however it depends on the DUI itself and the circumstances surrounding it as well as other charges involved.
Obtaining a Waiver of Inadmissibility for a DUI
If you are inadmissible to the United States, you can apply for a United States waiver of inadmissibility. This is a special document that will help you obtain entrance to the United States if you have been or are likely to be denied entry because of a criminal history, including one related to a DUI conviction.
In order to enter the Untied States, you need to apply for one in advance of your travel. These applications can take several months to a year to process, so you must be aware of the application process long before you travel..
Preparing for a US Waiver of Inadmissibility
The US waiver of inadmissibility application is not only an application form, but you must be prepared to gather up and include all of the necessary supporting documents including those related to your conviction and current circumstances, as well as your life in Canada.
Before applying for a waiver of inadmissibility because of a DUI offense, speak to a licensed immigration lawyer to determine if you are inadmissible or not. Every case is different, and they can help you determine whether you are inadmissible or not, as well as help you obtain a waiver for the United States. Give us a call!
About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more
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