Mark Pestronk
Q: A client of our agency wants to take a cruise that begins in Canada. He has read on the Internet that Canada can refuse entry at a border, airport or port if you have been convicted of a crime in the U.S. He has a DUI on his record from about 10 years ago. Will he have trouble being admitted into Canada at the airport? If so, what can happen to him? What if he promises to travel right from the airport onto the cruise ship?
A: He may well have trouble at the airport. As a general rule, the Canadian federal government considers DUI to be a serious criminal offense for which someone will be denied entry into Canada.
Canadian immigration authorities have access to U.S. state and federal crime databases and apparently access them whenever an American enters Canada as a tourist.
However, he could still be admitted into Canada at the airport if the Canadian immigration officer decides that he meets the legal requirements to be deemed rehabilitated. It's a judgement call for the immigration officer in each case, but there are some guidelines.
One guideline is that if the client was convicted of a felony punishable by 10 or more years in Canada, he can't be deemed rehabilitated, which means he will be denied entry. Of course, American laypeople can't be sure about whether a given U.S. conviction falls within this category, but most DUIs that don't involve homicides don't carry such prison terms.
Another guideline is that the further in the past the conviction, the more likely the client will be deemed rehabilitated, especially if the offense occurred over 10 years ago or if the client was under 18 at the time.
On the other hand, he is less likely to be deemed rehabilitated if the DUI was a repeat offense and the last conviction occurred in the past 10 years.
If your client wants to take the chance that he will be deemed rehabilitated by the Canadian immigration officer at the airport, he needs to come prepared with the following paperwork:
- A copy of court documents for each conviction and proof that all sentences were completed and/or fines paid.
- A recent criminal record check.
- A recent police or FBI certificate stating that he doesn't have a criminal record (other than the DUI).
The best advice that you can give your client is to refer him to a Canadian immigration law firm such as this: www.canadaentrydui.com/deemed-rehabilitated. I have no firsthand knowledge of the firm, but I am pleased to see that it offers toll-free video calls.
If your client is denied entry, he cannot exit the airport, and his airline needs to fly him home.
There is no exception for cruise passengers going right from the airport to the cruise dock; nor is there an exception for cruises ending in Canada. In either case, if your client is not deemed rehabilitated, he is likely to be deported.