turned away at the border

[Wombat2]

Just got turned away at the border above Plattsburgh for a dwai in 1999 ruining a perfectly planned weekend.I am not welcome in Canada until 2009 or I have to dig up the court record,police report and supply 3 letters of recommendation and drive to NY City to the Canadian Embassy.This is the first time since 1999 that I have been stopped.Any way around this?Can I go thru Vermont or a smaller crossing like Rouses Point or is my name flagged now?

Assuming that the above mentioned DWI/DUI/OUI charge is your ONLY CRIMINAL CONVICTION, since it was over five years ago, you can apply for a Criminal Rehabilitation through the Canadian Consulate General which serves your state.

Information sheet on Criminal Rehabilitation

http://geo.international.gc.ca/can-am/new_york/rightnav/temporary_resident-en.asp


Application form for Approval of Rehabilitation.
http://geo.international.gc.ca/can-am/new_york/pdf/IMM1444E(Rehab,TRP).pdf


"If you were convicted outside Canada and five years have elapsed since the termination of the custodial portion (if any) of the sentence imposed (not the sentence served), you may apply through a [Canadian Consulate]. . . for a criminal rehabilitation . . . The approval will permanently remove the inadmissibility caused by your conviction."

"If you were convicted outside Canada and less than five years have elapsed, or if you are only seeking entry for a single or limited period, you may apply for a Temporary Resident Permit to come into Canada."

Different conditions apply for non Canadians convicted IN CANADA of
Criminal Offenses.

As to the other comments - you are lucky they didn't catch you before now.
No, you have been given fair warning to do it the right way and apply for Criminal Rehabilitation. If without doing so you try to reenter Canada, you will either: (best case scenario) be turned back and bared from reentering for a very long time, or be arrested, tried and almost certainly convicted and imprisoned.

The point regarding terrorists is somewhat like saying until every murderer is
arrested and convicted, there should be no investigations, arrests, trials nor imprisonments for theft. You have a point, but it is a comparison of apples and oranges.

 

[Wombat2]

When asked questions by customs, employers, cops and other control freaks freaks. Never give them anything to chew on.

In the 1 in a million chance they come back & ask you why you answered no when it was yes, or why you answered yes and it was no. You forgot. You didn't understand. It wasn't important. You didn't want a bunch of trouble about nothing slowing you down.

For those of you that wilt & shrivel every time an authority figure speaks with you. Just stay in your house.

Hydragoat, I'm not quite sure what you mean in your post. Honesty is, however, the best policy. When asked a question by a border agent don't "conveniently forget" the correct answer. At trial the Judge or Jury aren't likely to "buy into" an argument that you just forgot that you had criminal convictions for X, Y and Z or that it slipped your mind that you had five cases of whiskey in the trunk of the car.

 

[Stranger]

This is the result of a new initiative by the US to get Canada to help prevent the spread of terrorism after 911. People will be turned back even if you were caught shoplifting 30 years ago. It's not about dui. It's any crime at all no matter how long ago it was.

 

[mark_sab]

peace of mind

i am not a good lier. speekng on a personal level, i feel better going through customs clean. i notice i get better responce from the officials when i am not hideing anything. i work for a liquior wholesaler. i have a friend from work who travel into canada with enough booze for a wedding. he tells me "f***'em"
so to each his own. i have no poker face. but i know that if you tell them you have anything you get your car searched.

 

[korbel]

Chances versus caution.

If you are found guilty of a criminal act like dwi because it is a criminal act in Canada you are ban from entering the U.S. Even a pardon from a Canadian court wont help you getting into the U.S You can ask for a waiver after 5 years it will cost 6 or 7 hundreds $ depending of your lawyer and you might loose your money because its their country and they dont have to let you in

Hello all,

Unfortunately, for a person with one offense it is more reasonable for the authorities to be more protective against those people who seem unable to make better choices. I not sure there should be a ban against anyone entering another country who has a single DUI conviction. The arguments favoring "firmness" against drunk drivers to protect life and property are very strong. Still, being so punitive over "one slip" may be harsher than necessary. I am also especially concerned about how much any person with a DUI seems to have to pay in the punishment process even when there is no incident beyond being drunk. The penalities on non-incident offenders seem excessive, as if the authoirties are usng anyone caught to finance prevention. Costs runh in the thousands not just hundreds in Massachusetts. But I am grateful that if the authorities err on this issue they are erring toward favoring prevention.

Whatever the justice of the situation is, the legal mood in the U.S. is to be severe with all offenders. So choose your move wisely and be prepared to travel by bus...if that is not banned for offenders too. Maybe a parachute drop then...yikes.

Good luck,

Korbel

 

[Ben Dover]

Again last week, I drove by Canadian Customs in Prescott, with my motorcycle. Quick chat with the officer, remove the full face so he can see I match my papers and I'm on my way! I push my bike to the search area, so I don't block the way while I but my helmet back and get my papers in my wallet. Behind me, an older gentlemen with a nice Mercedes. He had to pull aside and got searched! Me, a "biker", no problems and him, a respectable old man, getting pulled aside. It's all in the attitude and appearance of guilt.

This does not surprise me at all.... Canadian customs often seem much more concerned with how many t-shirts you bought at the outlet store instead of your citizenship, criminal record, drugs etc... Since you are on a bike, you are obviously not bringing back bags of clothing, DVD players etc... so, since there is no chance to find taxable merchandise, they'd rather just send you on your way... Now, the poor bastard in the nice mercedes... that guy (probably) has a trunk full of shopping bags --- or a bunch of clothing with the labels removed, mixed in with his luggage... That is what they are looking for on the way back to Canada and that is why you routinely see "yuppy-looking" people in very nice cars are the ones getting searched... while punk-ass kids in beaten up hondas cruise through without a second look.

make sense ?

BD

 

[Mike Mercury]

Hydragoat, I'm not quite sure what you mean in your post. Honesty is, however, the best policy. When asked a question by a border agent don't "conveniently forget" the correct answer. At trial the Judge or Jury aren't likely to "buy into" an argument that you just forgot that you had criminal convictions for X, Y and Z or that it slipped your mind that you had five cases of whiskey in the trunk of the car.

Honesty is NEVER the best policy for the DWI question! That's what the police would like you to believe.

The best policy is to shutup.
What trial?
What is the difference between "conveniently forget" and "really forget"? Laws, lawyers & judges do not make that distinction.


And I am not talking about not delcaring your 48 hour or 7 day exemptions. Of course you declare those. You declare 200 cigarettes. You do not need to count the that you have 77 cigarrettes, that does not matter it is the 200 cigarette exemption that you are requesting. However if you have 2 liters of scotch and you put 2 liters do not be surprized if you are told to go pay the duty at duty office and do not be surprized that after you have spent 30 minutes finding it that the officer there will smile and say okay, goodbye.

So when the border cop asks you:
"did you buy anything" make sure to answer yes about the half pack of gum in your pocket.
"have you ever been arrested" say yes and then remember every time you got a traffic moving violation and were detained while the ticket was written, not to forget disturbing the peace complaint your neighbour did against or some fabrication your ex girlfriend trumped up on you.
"have you ever committed a crime" don't forget to tell them when you took 25 cents from your brother's desk top.

In Europe & China there are green doors and red doors. Green is when you have nothing to declare. Red is when you do.
People walk through green doors carrying booze & smokes, things that they should have declared under their exemptions but didn't. At red doors people are declaring nothing, they just noticed that the red door had a shorter line up and was therefore quicker.

 

[Wombat2]

Honesty is NEVER the best policy for the DWI question! That's what the police would like you to believe.

So when the border cop asks you: "did you buy anything" make sure to answer yes about the half pack of gum in your pocket.
"have you ever been arrested" say yes and then remember every time you got a traffic moving violation and were detained while the ticket was written, not to forget disturbing the peace complaint your neighbour did against or some fabrication your ex girlfriend trumped up on you.
"have you ever committed a crime" don't forget to tell them when you took 25 cents from your brother's desk top.

At the risk of being labeled a "wiseass," there is a huge difference between I forgot to mention a twenty five year old traffic ticket for speeding or for failure to stop at a stop sign, and I forgot to mention that I'm a convicted felon or I forgot to mention that I've been convicted of DUI/DWI/OUI. Personally I don’t think a person's chances in Court with the I forgot defense, particularly if they were given a chance to change their story and stuck to it, would be all that rosy. No lawyer worth the title is going to urge knowingly breaking the law.

I’ve lived reasonably close to a border port and I’ve seen folks who have "forgotten" to mention past convictions denied entry all the time. Although it is rare, I've also seen those stupid enough to try again without having cleared up the problem - they're the one's sitting in detention awaiting a deportation hearing. I do know of at least one case - in Nova Scotia - where a U.S. National with a "drunk driving conviction" illegally entered Canada, was subsequently discovered during a routine traffic stop, detained, deported, and bared from reentering Canada for most of the remainder of his natural life span.

So perhaps you will get away with it, however, it's a bit like the Dirty Harry quotation "do you feel lucky. . .?" the consequences can be quite unpleasant.

 

[Stranger]

Hello all,

Unfortunately, for a person with one offense it is more reasonable for the authorities to be more protective against those people who seem unable to make better choices. I not sure there should be a ban against anyone entering another country who has a single DUI conviction. The arguments favoring "firmness" against drunk drivers to protect life and property are very strong. Still, being so punitive over "one slip" may be harsher than necessary. I am also especially concerned about how much any person with a DUI seems to have to pay in the punishment process even when there is no incident beyond being drunk. The penalities on non-incident offenders seem excessive, as if the authoirties are usng anyone caught to finance prevention. Costs runh in the thousands not just hundreds in Massachusetts. But I am grateful that if the authorities err on this issue they are erring toward favoring prevention.

Whatever the justice of the situation is, the legal mood in the U.S. is to be severe with all offenders. So choose your move wisely and be prepared to travel by bus...if that is not banned for offenders too. Maybe a parachute drop then...yikes.

Good luck,

Korbel

The US doesn't want canadian terrorists in their country.

 

[Mike Mercury]

At the risk of being labeled a "wiseass," there is a huge difference between I forgot to mention a twenty five year old traffic ticket for speeding or for failure to stop at a stop sign,

I’ve lived reasonably close to a border port and I’ve seen folks who have "forgotten" to mention past convictions denied entry all the time.

Personally I don’t think a person's chances in Court with the I forgot defense, particularly if they were given a chance to change their story and stuck to it, would be all that rosy. No lawyer worth the title is going to urge knowingly breaking the law.

So perhaps you will get away with it, however, it's a bit like the Dirty Harry quotation "do you feel lucky. . .?" the consequences can be quite unpleasant.

Let's get talking and no offense meant & none take.


Can u explain the huge diffrence between a traffic ticket and a rolled stopped sign? Then can you explain the diffrence between a dui arrest in 1950, 1970, & 2000?

We all watch to much TV. A court case of this type would involve you standing up and listening what the judge & your lawyer says. You would say nothing. The lawyer would say you forgot because it is a likely & reasonable answer. It would make no difference. This is not some TV murder trial. You are just one of the vulgar thousands on a boring court docket. Unless of course you were stupid enough to change your story in the hopes that the cops would then say "ohhh. Okay then u can go, tsk, tsk, tsk and wipe those tears big boy we didn't mean to scare u"

I've been in line at airports, train stations and road crossings all over the world. More than 40 countries. I have never seen anyone turned way except twice. An airline refused a passenger with an outdated passport and a friend & I were refused land entry because we smelled of beer and did not know the name of the town we were headed for.

Can u elaborate on the unpleasant 44 magnum consequences?

 

[bond_james_bond]

It is interesting that you can run for President of the U.S. with a drunk driving conviction on your record, but you can't go to Canada.

An exception was made for Bush, and Bush now has unlimited access to Canada.

Similar for Paris Hilton.

Canada loves American celebrities, warts and all.

 

[EagerBeaver]

I have travelled to Canada from the USA many times and the only occasions on which I was asked about DWI/DUI or criminal convictions was when I was detained by Canadian Customs & Immigration, i.e., given a ticket by the border crossing guard and asked to park my car and see Customs and Immigration officials. I would estimate that there were detainments on less than 10% of my crossings, I would say something like 1 in 12. The actual border crossing guards at the crossing station booths never ask such questions.

On the occasions when I was detained (which I assume is done randomly, although perhaps Roland can shed more light on this), the detainment would always include questions on DWI and criminal convictions, and last approximately 15-20 minutes. I have never been denied entry to Canada. If there are no convictions, no suspicious activity and no outrageous answers to the simple questions that are asked, I see no reason why anyone should be denied entry.

 

[EagerBeaver]

Roland,

Thanks for that information. If I understand you correctly, if you pay the requisite fee and get a waiver from NEXUS, that simply gets you a pass on any questioning when you hit the border, either from the initial questioning by the Customs Border Guard, or the potentially more detailed questioning by Immigration and Customs Officers on a random detainment? In other words, you get a pass and get waved through rather than being questioned? Based on my experience, I am not sure it would be worth it to apply for the NEXUS waiver, because the usual questioning process, if there is no "detainment" as I have defined it in my last post, is less than a minute. I would rather be asked the 3 harmless questions and risk a detainment that might be 15-20 minutes tops, than pay the $50 NEXUS fee. I am sure it is all designed to make your job easier Roland, but I can do that anyway, free of charge.

 

[Agrippa]

The address of the website Roland seems to have omitted is this http://www.cbsa-asfc.gc.ca/travel/nexus/menu-e.html

The application seems very straight forward, but how is it then implemented? Do you get a card? A stamp in passport? A piece of paper? I'm sure you'd still have to answer the basic "Where are you going? For how long? For what business?" questions while handing over the documents, no?

 

[Mike Mercury]

Every person , who crosses the border into Canada , who is not a Canadian citizen, is required to answer questions ,posed by Immigration Canada.

NEXUS is the way...To apply for this program you require a "clean" record and be willing to submit the documentation required.
Roland

You seem to know a lot about this so perhaps you did not mean to imply that Canadians going into Canada do NOT need to answer questions asked of them by Canadian immigration agents.


I looked at the NEXUS site and the application form
I do not see any references to "clean record". I do see questions "Have you ever been convicted of an offense in any country for which you have not received a pardon" and "Have you ever been fouund in violation of customs or immigration laws or other import laws"

 

[Mike Mercury]

I have travelled to the US maybe 5 to 10 times a year on business for the last 20 years ... I always assumed that when they scanned my passport ...a data base that shows them that my record is clear.

Exactly. And these records are concise & to the point. They do not contain our entire lives. That would take too long to look at, too long down load & to much space to store.

Many people think that because they forgot to declare cigarettes and were caught that they will be forever harassed at each border crossing. They think that computer databases contain your prescription for birth control & tranquilizers. They think that a DWI & a pot bust from 20 or 30 years ago is in there. They think that being caught in the act of commiting a serious crime is the same as talking or not talking about 10 or 20 years later. They think too much.

Osama Bin Laden is still hiding and his buddies are travelling back & forth between Canada, the USA & Europe everday.

The computer systems between police forces do a good job of collecting out of state/province parking tickets but a lousy job of catching really bad people.

 

[Ben Dover]

Roland -- please correct me if I'm wrong, but don't you need to volunteer a lot of private information including biometric information to the US gov't in order to go through the nexus program? I don't like the idea of the US goverment having my finger prints and and retina scans on file...

BD

 

[Ben Dover]

It is interesting that you can run for President of the U.S. with a drunk driving conviction on your record, but you can't go to Canada.

When is the last time you saw Bush (or any other president) drive anything other than a golf cart? I would argue that being president of the United States is a great job for someone with DUI problems... You never have to drive -- there's always a team of designated drivers to get your drunk ass around town...



BD

 

[Ben Dover]

USD50.00 /CAD80.00

nice exchange rate!! I think I'll pay the $50US... (which equals about 53 Canadian dollars)

 

[rollingstone]

A similar incident happened to peace activist Ann Wright.

http://news.yahoo.com/s/ap/20071025/ap_on_re_ca/canada_us_protesters_1

And if you are eager to read it in much more detail

http://www.huffingtonpost.com/medea-benjamin/canada-we-come-in-peace_b_68926.html

It appears that you could run into problems even if you have a conviction only for a misdemeanor.