Denied Entry into Canada Law

Denied Entry to Canada 2024

Individuals visiting Canada are sometimes refused entry because of Denied Entry into Canada Law. Grounds for refusal include past criminal offences, health risks to Canadians, lack of financial resources to visit Canada, presenting fraudulent documents at the border, misrepresentation and other breaches of the Immigration & Refugee Protection Act.

Temporary Resident Permit (TRP) Offer Note:

If you have been denied or refused entry to Canada for criminal past such as DWI, DWI, theft, fraud and other offenses you need a Temporary Resident Permit (TRP) to Canada. We have reduced legal fees (30% off) for Temporary Resident Permit applications until Aug 31, 2024. Call us today!

Our Immigration lawyers are here to help you gain access to Canada to overcome your refusal. Call us today for free consultation at 416 477 2545

Get Temporary Resident Permit at the border the same day which could be valid up to 3 years.

Have been refused entry to Canada?

Thousands of Americans each year look to Canada for travel and to access opportunities that may otherwise elude them in USA. Although Canada is extremely welcoming to those Americans looking to experience its great resources, the simple truth is not all will be granted access at Canadian borders. Weather flying or driving to Canada, the Canadian Border Officer (CBSA) can refuse you entry into Canada.

However, if you have an inadmissibility issue like a DUI or DWI, you may be denied entry into Canada. There are a number of reasons you could be denied entry.

The reasons for entry refusal to Canada can range from:

• Not having the appropriate documentation
• A past criminal conviction such as a DUI or DWI
• Having a medical condition
• And more…

Travelling to Canada, worrying whether you will be denied entry or not, can be a nerve wracking experience. However, there are options available for you. Documents like a Temporary Resident Permit can overcome your inadmissibility issue. Even if you have already been denied entry to Canada, is certainly a viable solution. Obtaining a representative will help alleviate any stress you may face. The legal process can be a daunting matter and without such counsel to assist you, it would be easy for anyone to get lost in the red tape.

Traveling to Canada with a DUI: What You Need to Know

Traveling to Canada with a DUI isn’t as straightforward as it may seem. Simply possessing a valid United States passport won’t guarantee entry if you have a history of driving under the influence. Whether your DUI offense was classified as a misdemeanor or a felony, it could render you criminally inadmissible to Canada, resulting in denial at the border. Even if driving isn’t your intention during your visit, a DUI charge, including civil infractions and "physical control" violations, can still jeopardize your entry into Canada and affect your eligibility for various Canadian immigration programs.

How to Gain Entry to Canada with a DUI

If you are seeking to enter Canada with a DUI, overcoming criminal inadmissibility involves applying for and obtaining permission from Canadian authorities. This process can be complex and overwhelming without professional assistance. There are two ways you can overcome your inadmissibility to Canada with a DUI:

What is Temporary Resident Permit?

A Temporary Resident Permit (TRP) allows one to enter Canada under the status of either a visitor, student or worker. If you have ever been declined entry to the country for a previous criminality like a DUI or DWI, you are technically considered inadmissible to Canada. In a case where you have been deemed to be inadmissible to enter Canada, a Temporary Resident Permit would allow an individual to enter the country. You may be deemed inadmissible for the same reasons why you were denied entry to Canada such as, not having the appropriate documentation, having a medical condition or past criminal record.

If you have a past criminal conviction, Akrami & Associates Lawyers can conduct a criminality assessment and determine whether or not you would be inadmissible to enter Canada. After your criminality assessment, we may determine that you are eligible for a criminal rehabilitation application Temporary Resident Permit (TRP). A positive result on such an application would clear the criminal inadmissibility issue which prevents you from entering Canada. But, such a result can only be arrived at through expert experience.

If you have been refused entry to Canada and think you may need a Temporary Resident Permit for Canada, contacting a legal representative should be your next step. This application types can be complex to those who are inexperienced.

In a case where you are inadmissible to the country, Akrami & Associates Immigration Law Firm can put together a case for a Canadian Temporary Resident Permit (TRP) for you as well. Knowing what you might face in advance when travelling can help alleviate some of the stress at the Canadian border. If you have already been previously denied entry into Canada, you know what a stressful experience this might be. Though you can apply for a Temporary Resident Permit (TRP), regardless if you have been previously denied, does not mean you are guaranteed success. You should also be aware that there is no guarantee that the application will be approved if you present it in person when you enter a Canadian port of entry, but for some, a Temporary Resident Permit for Canada (TRP) is the only way to accommodate a travel need when they are inadmissible.

You also must be from a visa exempt country in order to make an in person application for a Temporary Resident Permit (TRP). By making an application in person, there is always the risk of having it declined and having to go back to your Country.

In an ideal situation, a Temporary Resident Permit case would be submitted well in advance before you plan to enter Canada at a consulate that will render a decision. However, processing times at the consulate are extensive and often a decision might not be made in time for your travel.

Temporary Resident Permit (TRP) will allow you to entry and stay in Canada for a specific duration if there’s a valid reason for your visit. A Temporary Resident Permit (TRP) proves advantageous if you are not currently eligible for permanent solutions such as Criminal Rehabilitation. You can obtain the TRP permit at the border for expedited same-day processing, making it a suitable option for people who require to enter Canada with a DUI for business.

It’s worth noting that Temporary Resident Permit (TRPs) can be valid for multiple visits up to three years.

Can I enter Canada if I have a DUI? Or will I be denied entry into Canada?

Getting into Canada with DUI or DWI is not as simple as you think. In Canada DUI or DWI may be considered a summary or misdemeanor offense under the Canadian Criminal Code. If the officer at the border detects that you do have a DUI in your record the officer can deny you entry into Canada. This also applies if you have been arrest for DUI and not convicted yet. You will be considered inadmissible to Canada and then denied entry.

How can I enter Canada if I have a DUI or DWI?

You probably want to know how you can enter Canada even if you have a DUI or DWI in your record. In order to overcome your inadmissibility, you need to apply and obtain permission from Citizenship and Immigration Canada. Unfortunately, the process to enter Canada and to get the right documents can be complex and confusing. There are two ways you can overcome your criminal inadmissibility as result of DUI, DWI or any other criminal record:

1. Temporary Resident Permit (TRP) is Temporary Solution

As mention above, this is a temporary solution to overcome your inadmissibility to Canada with a document called Temporary Resident Permit or TRP. Once you have successfully obtained a Temporary Resident Permit, it will let you enter Canada for a fixed period of time. TRP can be issued for up to 3 years. TRP is a perfect choice for people who need a quick way to enter Canada even if they have DUI, DWI or criminal record for business purpose or family trip. Also worth mentioning, Temporary Resident permits allows you multiple entry for period which is valid for. If the application is prepared properly, the TRP can also be issued at the border by Canadian border agency.

Getting A Temporary Resident Permit

Need to apply for a Temporary Resident Permit in Canada and don’t know where to start? Obtaining a Temporary Resident Permit can be a difficult process. You have to consider the factors that make you inadmissible and address them before obtaining entry into Canada. A Temporary Resident Permit is one of the ways that you may overcome inadmissibility. Find more about TRP

2. Criminal Rehabilitation (Permanent Solution)

An approved Criminal Rehabilitation (CR) means that you have permanently overcome your inadmissibility. To be eligible for criminal rehabilitation, five years must have elapsed since completing all sentence conditions, including fines, community service, and probation. Unlike TRPs, which have an expiration date, Criminal Rehabilitation is permanent. This solution provides peace of mind for both business and leisure travelers, eliminating concerns about being denied entry due to a DUI. However, criminal rehabilitation, as it is a permanent solution must be submitted at the consulate level.

Criminal Rehabilitation (CR) once issued, will give you access to Canada as you never had a DUI or Criminal record. Meaning, it is a permanent solution to your inadmissibility. Criminal Rehabilitation is a bit more complex than TRP and has some condition that you need to meet in order to be issued a CR. One main condition is the period of time passed since your last sentence. However if you have multiple DUI or criminal record, Citizenship and Immigration Canada will not see you as Deemed Rehabilitated and you will still be inadmissible to Canada without Temporary Resident Permit. To learn more, it is best that you call us and get a free consultation to see what your best option are.

How to apply for Criminal Rehabilitation

You can overcome it by making an application to become rehabilitated after at least 5 years have passed since you were convicted or since you have committed the offence. The other option is that you can be deemed rehabilitated if at least ten years have passed since you were sentenced or since you committed the offence. If you do have a criminal record you must seek a something called a record suspension, which is formerly a pardon, from the Parole Board of Canada before you can be deemed admissible to Canada. More about CR

We have helped many clients with Temporary Resident Permit (TRP) and Criminal Rehabilitation (CR) at our Immigration law firm. Before you hire a firm make sure you do your research to see what clients have to say about them not just what they say about themselves. See our reviews on google plus to see what our clients say about our Immigrating Lawyers and consultants.

Deemed Rehabilited

Previously, individuals with a single DUI conviction not classified as serious criminality in Canada could be "deemed rehabilitated" after ten years with no further arrests. However, changes in Canadian DUI laws have eliminated this option since December 2018. Now, impaired driving offenses are considered serious crimes, disqualifying individuals from automatic Deemed Rehabilitation. Those with DUIs, even from over a decade ago, risk being denied entry at the Canadian border.
So, if you are facing inadmissibility to Canada due to a DUI (Driving Under the Influence) conviction, it’s essential to understand that a DUI does not automatically lead to deemed rehabilitation. In such cases, you will need to either apply for Temporary Resident Permit (TRP) or Criminal Rehabilitation.

Choosing Between Temporary Resident Permit TRP and Criminal Rehabilitation:

You will apply for the temporary resident permit if your need to enter Canada urgently as TRP can be done same day at the border. Applying for the TRP at the consulate, it can be as quick as one month of processing!
Now, if you are looking for a permanent resolution to overcome inadmissibility, Criminal Rehabilitation is the path to pursue. Here, waiting is worth it as your will permanently overcome your criminal inadmissibility to Canada.

Why Canada Denies Entry to Individuals with DUI

In Canada, offenses are categorized as indictable (equivalent to US felonies) or summary (similar to US misdemeanors). While most DUIs in Canada are considered summary offenses, the potential for them to be indictable makes them a grounds for criminal inadmissibility for foreign nationals. This means that even a misdemeanor DUI from the US can be viewed as a serious offense in Canada.
Implications for Travelers
Canada’s access to the FBI’s criminal database allows border agents to instantly identify individuals with DUI records. Even a DUI arrest without conviction can lead to denial at the border, as border officers have access to arrest records.

Handling DUI Charges Pending

A pending DUI charge is treated as "under indictment" under Canadian law, potentially barring entry for US citizens. If you have a pending charge, you must be able to prove your admissibility, which can be challenging until the case is resolved.

Reduced Charges and Entry

Even reduced DUI charges, such as reckless driving, may still result in denial at the Canadian border, as dangerous operation is considered a serious offense in Canada. Even in such a case, we recommend that you apply for the TRP, criminal rehabilitation or deemed rehabilitated. What and how to apply, will depend on your documents.

Traveling to Canada with DUI Without Driving

Intent to drive is not a factor in Canadian immigration regulations. Even if not driving in Canada, individuals with DUI records may require Criminal Rehabilitation or a Temporary Resident Permit (TRP) for entry.
Entering Canada with a DUI for Drugs: What You Need to Know
Getting into Canada with a DUI isn’t limited to alcohol-related offenses. Driving under the influence of drugs (DUID) can also pose challenges at the border. Canadian law prohibits operating a vehicle while impaired by any substance, whether legal or illegal. This includes prescription medication and marijuana, even if obtained legally in the US. Consequently, a DUID conviction can result in denial of entry to Canada without special permission.

Maintaining Privacy with a Criminal Offense

You might be worried about your DUI becoming known to companions, colleagues or your employer during border crossings. While obtaining a Temporary Resident Permit (TRP) or Rehabilitation in advance can facilitate discreet entry, the timeline for obtaining these permits may not always align with travel plans. However, we have handled many of such cases without getting companions, colleagues or employers involved. If this is your concern, please contact us today!

Traveling to Canada with a DUI Expungement

Even with a DUI expungement, obtaining entry to Canada can be complex. While expungement may remove the conviction from public record, Canadian border officers still have access to US criminal databases. Just because US expunged your offense, does not mean that had the offense occurred in Canada, that Canada would have handled it the same way. In a situation like this, you might benefit from a Legal Opinion Letter.

Driving vs. Flying into Canada

The method of travel does not affect the legality of entry to Canada with a DUI. Whether you are driving or flying into Canada with a DUI record, you may face denial at the border. To ensure that you have all the right documents with you at the time of travel as well as having an application in process at the consulate is your best option for approval.

How to Visit Canada with a DUI Conviction

US citizens seeking entry to Canada with a DUI conviction can pursue approval through a Temporary Resident Permit (TRP) or Criminal Rehabilitation (CR). However, both processes are intricate, requiring comprehensive documentation to support the applicant’s case. For both applications, supporting documents may include letters of recommendation, a driver’s abstract, federal and state police records, evidence of completed sentencing, and a personal statement detailing remorse, rehabilitation, and reduced risk to society.

Evidence of completed sentencing can encompass various documents such as fine payment receipts, certificates from programs like MADD Victim Impact Panels or Ignition Interlock Device (IID) removal, and proof of attendance at Alcoholics Anonymous meetings. In cases where court documents have been purged due to the age of the DUI, a letter from the court clerk confirming the disposition’s unavailability may be necessary.
Multiple DUI Convictions
While a single DUI can be addressed through TRP or CR, multiple convictions present greater challenges. Nonetheless, whether you have a single offense or multiple offense on record, you will need a TRP or Criminal Rehabilitation to enter Canada.

I’m travelling with my boss will he find out I have DUI or Criminal Record?

Entering Canada and being denied entry because of DUI or Criminal record by border office can be quite stressful by itself, known that your boss, co-worker, friend will find out about you’re past mistake is quite embarrassing. You could avoid them finding out about your criminal past or DUI when entering Canada if you prepare yourself in advance. If you have to get into Canada as soon as possible and don’t have enough time to prepare for Temporary Resident permit there are ways to keep your criminal passed a secret from boss, co-worker or girlfriend please call the office and we will be happy to show you how it is done.

How long does it take to get a Temporary Resident Permit?

To get a Temporary Resident Permit (TRP) you need few clearances from states where those DUI, DWI or criminal record activity accrued. Find how and where to get those clearances can be very tricky. If done right you should be able to get a Temporary Resident Permit in matter of the same day at Canadian port of Entry. Important part is if it is done right, you need about two weeks to gather all right documents and prepare a TRP package for Canadian border officer. Once the TRP is approved, it can be valid for up to three years from the date it was issued.

How long does it take to get Criminal Rehabilitation?

Unlike TRP Criminal Rehabilitation cannot be filled at POE (port of entry) and must be filled at the consulate. Currently, average processing time for CR at the consulate is anywhere between 8 to 12 months. It is very advisable to apply for both documents that way once you are issued a TRP you can travel freely in and out of Canada until your Criminal Rehabilitation application at the consulate is approved. We also give a discount to clients who wish to file both Temporary Resident permit and Criminal Rehabilitation application.

Can I enter Canada with a DUI if I promise not to drive?

A person with impaired driving record (DUI, DWI) is considered a person with a criminal record under Canadian law. Weather you drive while in Canada is irrelevant. Some US citizens think if they have a DUI and they fly instead of driving to Canada that won’t get them denied entry into Canada, regardless of flying or driving DUI, DWI or criminal record will likely get you refused entry and to overcome that you need TRP or CR.

We have helped many US citizens who got denied entry to Canada for offenses such as DUI, DWI, Assault and other criminal. Some needed to enter Canada for personal reason while others for business. Regardless of your past we can help you with your application for Temporary Resident Permit and Criminal Rehabilitation. We have helped American residents of the following states: Alabama (AL), Alaska (AK), Arizona (AZ), Arkansas (AR), California (CA), Colorado (CO), Connecticut (CT), Delaware (DE), Florida (FL), Georgia (GA), Hawaii (HI), Idaho (ID), Illinois (IL), Indiana (IN), Iowa (IA), Kansas (KS), Kentucky (KY), Louisiana (LA), Maine (ME), Maryland (MD), Massachusetts (MA), Michigan (MI), Minnesota (MN), Mississippi (MS), Missouri (MO), Montana (MT), Nebraska (NE), Nevada (NV), New Hampshire (NH), New Jersey (NJ), New Mexico (NM), New York (NY), North Carolina (NC), North Dakota (ND), Ohio (OH), Oklahoma (OK), Oregon (OR), Pennsylvania (PA), Rhode Island (RI), South Carolina (SC), South Dakota (SD), Tennessee (TN), Texas (TX), Utah (UT), Vermont (VT), Virginia (VA), Washington (WA), West Virginia (WV), Wisconsin (WI), and Wyoming (WY).

Authorization to Return to Canada (ARC)

If you are granted entrance to Canada if have to ensure that you follow the conditions and requirements of the legal status that allows you to enter and remain in Canada. Additionally, you are required to also comply with the Immigration and Refugee Protection Act and Legislation. Failure to comply with any conditions and requirements imposed on you by Citizenship and Immigration Canada when they grant you entrance to Canada, and failure to comply with the Act and/or Legislation, can result in you being issued a removal order. A removal order is an order for you to leave Canada. There are different types of removal orders: an exclusion order, a departure order, and a deportation order. The type of removal order will dictate how you will go about applying for an Authorization to Return to Canada (ARC).

Please call us today for free consultation and let us explain the process to you. At Akrami & Associates, There is Always a Way! 416-477-2545 or 1-877-820-7121

What you should ask a licensed Canadian Immigration Lawyer or Consultant about TRP permits and being declined entry to Canada?

Not all Immigration professionals have the same experience. At Akrami & Associates Immigration Law Firm we have often noticed that Denied Entry into Canada issues and Temporary Resident Permit (TRP) applications get rejected because the right questions were not discussed.

Here are some very important questions you want to ask any person you are planning on hiring to help you with your Denied Entry to Canada situation:

• What are the for a Criminal Rehabilitation application?
• How long are Temporary Resident Permits (TRP) valid for?
• I learned that I may be inadmissible after I entered the country, now what do I do?
• I have been able to enter Canada on a number of different occasions, why was I denied entry this time?

The Immigration professional should be able to answer those question straight forward in a language that you can understand.

How Can a Lawyer Help Me Enter Canada?

Navigating the complexities of entering Canada with a criminal record can be challenging, this is why Akrami Immigration Law firm is here to help:
Akrami & Associates boasts a team of experienced immigration lawyers with a profound understanding of Canadian immigration laws, including the implications of criminal records. Our expertise allows us to navigate the intricacies of the system effectively.

Our lawyers conduct a thorough and personalized assessment of your situation. We will consider the details of your criminal record, its severity, and other relevant factors to develop a tailored strategy and submission letter that addresses your specific circumstances.

Akrami & Associates can assess whether you are eligible for rehabilitation, a process that removes the inadmissibility associated with a criminal record. We will guide you through the application process, ensuring all necessary documentation is in order.
If deemed rehabilitation is not immediately available, our lawyers can assist you in applying for a Temporary Resident Permit (TRP). This permit allows entry into Canada for a specific purpose and duration, even with a criminal record.
The application process for overcoming criminal inadmissibility requires meticulous preparation. Akrami & Associates lawyers guide you through the documentation requirements, help complete forms accurately, and present your case comprehensively.

Denial of Entry to Canada

The Denial can effect you in many different ways. Some American come to Canada to work temporary or permanent and some just come for Leisure, or free time, time spent away from business, work, domestic chores. Most US Citizen come to Canada for Fishing or cruise around the Country. If you have been denied access to Canada you have options. Give us a Call and we will explain to you your options, you can consult us for free!

Why Contact Akrami & Associates Immigration Law Firm for an Assessment?

We understand the frustrations that one goes through when they have been denied entry to Canada. It is important to remember that you do have options. A Temporary Resident Permit (TRP) or Criminal Rehabilitation Application may be viable solutions for you. With our head office in a multiple port city, we have plenty of exposure to individuals who have been denied entry to Canada. So, you can rest assured that your case is being handled with the utmost detail and experience.

Why choose Akrami & Associates Immigration Law Firm?

Opting for the assistance of Akrami and Associates Immigration Law firm is the key to improving your chances of entering Canada with a DUI. Consulting with an experienced Canadian immigration lawyer or consultant is crucial in navigating the application process, enhancing the likelihood of approval while minimizing the risk of denial at the border. Don’t leave your travel plans to chance—choose expert assistance to effectively navigate the complexities of Canadian immigration law. Reach out to our team today for a complimentary free consultation and let us assist you in overcoming any criminal inadmissibility issues for a successful visit to Canada.

What to do Next? how to void refused entry into Canada

Call us today at 1-877-820-7121 or 416-477-2545 and let our professional staff get you back on track and get you back into Canada and you can say good bye to “Denied Entry To Canada”.

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