Entering the United States with a DUI
A criminal record is the most common reason that travelers are unable to enter the United States, even if they have traveled a long way, bought plane tickets and spent a lot of money on their trip. If someone is deemed inadmissible to the United States because of something like a criminal record, they must return home either by land or on the next flight.
A DUI charge is where Canada in the United States are a bit different when it comes to admitting people into each country when they have a criminal record. The general rule for Canada is that individuals with a DUI conviction will not be allowed entry, while in the United States it depends on the actual criminal charges. For example, are there multiple DUI convictions, or a DUI paired with another charge?
If you are concerned about being denied entry to the United States, you do have options.
United States waivers for DUI convictions
United States waivers are special documents that are available if you are ordinarily inadmissible to the United States for a variety of reasons, including criminality.
For the waiver application, applicants will have to apply in advance as well as provide a significant amount of documentation to United States immigration officials that include information about the offense from officials, a written personal statement about the conviction, character references and information about your life in Canada, including your family, home and job. This will let United States immigration officials know that you have intentions to leave the United States after you visit, and that you will not overstay.
If you have a criminal record and want to enter the United States, speak with a licensed immigration lawyer or immigration attorney about your options.
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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