I was Refused Entry to Canada because of DWI Charge in the US

My family and I live in the USA by Canadian Border near BC.

My wife is Canadian and my son is Canadian. I am an US citizen. We all reside in the US.

All of our relatives live in Canada (in-laws, sister law and nice and more). Now I cannot go see them at all and its been over a year since I been there and my wife’s mom and dad are getting up there in age. I’m really worried if something ever happen to them I will not be there to support them.

My Offense:

I have a negligent driving first-degree w/alcohol.

I was refused entry into Canada and I voluntary left Canada on Feb 2008. I had to sign a Voluntary Deportation paper allowing me to leave Canada.

The offense was on 10-2004 and the court trial sentencing was on April 2005 with a two-year probation. I plea bargained. I served my probation and paid all fines.

Funny, I have been driving back and forth up there for almost 4 years without anybody from the Canadian border stopping me. I walked across and show them my passport more then once without a hitch. I did not know that the misdemeanor offense I obtained in the USA was a criminal offense in Canada. Then one-day I walked across and the world fall apart for my family and me. I had to sign a voluntary removal notice and leave.

When will my 5 years be up for application, 2011?

I am so confused on what I have to do. I need help! I have a good reason to visit Canada, my Canadian Family.


It appears that your DWI/DUI charge renders you inadmissible to Canada. As such you would require a Temporary Resident Permit (TRP)  in order to enter Canada. After 5 years, you may be eligible for Rehabilitation which would, if approved, make you admissible to Canada again. In the mean time, you should consider applying for a TRP either at a Canadian Consulate in the US or at a US/Canada Port of Entry.

More information on TRPs can be found here

Michael Niren

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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