01/29/2019
The One Major Consequence of A DUI Conviction That Your Lawyer May Never Tell You
Elizabeth Sweet, Attorney at Law
www.sweetjusticenw.com
In Washington, we enjoy being close neighbors with Canada. Whether it’s the shopping in Vancouver, touring of Victoria, or skiing at Whistler – Canada offers many amazing, lifetime experiences. And for most of us, entry into Canada is a simple and easy process. But, if you are facing a DUI or other criminal conviction, you could be banned from Canada for 10 years or more, without ever hearing about it.
If you find yourself charged with a crime, your defense attorney will advise you on the consequences of a conviction. Typically, this advise consists of information like a potential jail sentence, the fines and/or assessments and restitution costs, loss of rights, possible alcohol or drug assessment and follow up treatment, victim panel attendance and more. But it is very rare, if ever, to be advised that you are also facing a ban from Canada.
Why don’t lawyers or judges advise of this serious consequence? Simply put, they aren’t required to do so. Most lawyers and judges in the US are not going to take on the liability of advising you on Canada’s immigration policy since they are not educated on the subject. In addition, US lawyers and judges cannot, and do not, want to speak for the Canadian immigration authorities. So, if traveling to Canada is a high priority for you (like for business or family), this consequence bears an even dire importance.
Now, before we get to some possible solutions to this problem, here’s a bit more bad news: Even If your criminal charge is reduced to a lesser offense, this won’t necessarily reduce the time you are banned from Canada. This is because much of the decision to permit entry into Canada is a subjective one by the border authorities meaning.
However, there is hope. Under the right circumstances and with use of the right immigration application and supportive legal advocacy, we may be able to get you across the border sooner then the statutory time frame. To help determine whether this is possible, take the first step and fill out our free assessment form. Within 24 hours, we will give you straight forward feedback, including our experienced opinion of your case.
Here at Sweet Justice, we offer hope for everyone wanting or needing to access Canada. To make this possible, we charge a reasonable, one-time, flat fee (no hidden fees or costs) to prepare your application and supportive legal advocacy brief. Our goal is to get you into Canada by producing the most compelling application legally possible. Remember, there is always hope.
Maxine: This is the info that goes along with the footnote link:
Crimes That Can Make You Inadmissible to Canada
• DUI (including DWI, DWAI, reckless driving, etc.)
• theft
• drug trafficking
• drug possession
• weapons violations
• assault
• probation violations
• domestic violence
• fraud
• vehicular manslaughter (voluntary or involuntary)
• possession of stolen property
• arson
• embezzlement
• drug manufacturing or cultivation
• aggravated assault
• child abandonment
• property crimes
• robbery
• indecent exposure
• failure to appear
• hit and run
• credit card fraud
• prostitution
• money laundering
• sexual assault
• disorderly conduct
• child abuse
• identity theft
• conspiracy
• stalking
• wire fraud
• battery
• cyber bullying
• racketeering (RICO)
• burglary
• white collar crimes
• resisting an officer (resisting arrest)
• soliciation
• extortion
• child po*******hy
• insurance fraud
• breaking and entering
• shoplifting
• securities fraud
• aiding & abetting
• homicide
• vandalism
• careless driving
• motor-vehicle theft
• kidnapping
• tax evasion
• harassment
• aggravated battery
• telemarketing fraud
• battery
• evading arrest
• r**e
• larceny
• bribery
• computer crimes
• hate crimes
• forgery
• obstruction of justice
Crimes That May Not Make You Inadmissible to Canada
While the criminal offenses listed above can render an American inadmissible to Canada, there are some crimes that do not always equate to an indictable offense in Canada. Loitering, open container offenses, criminal contempt of court, disturbing the peace and public intoxication are examples of crimes that will not necessarily make a person criminally inadmissible to Canada provided it is an isolated incident. Even if you have never been convicted of a serious criminal offense, if you have received two or more convictions or violations that equate to summary offenses in Canada, you may be considered criminally inadmissible to Canada.
If an offense in the United States equates to a hybrid offense in Canada, it can also make a foreigner excludable from Canada. An arrest or conviction for possession of ma*****na will not necessarily render an American ineligible to travel to Canada, provided he or she has no other criminal history and the amount of ma*****na was less than 30 grams. If you have been convicted or ticketed for cannabis possession more than once, however, you could have issues crossing the Canadian border.
Maxine:
For our new page on criminal inadmissibility to Canada advocacy, here is the flat rate:$395. This does not include the $200 application fee charge by Canada or postage/delivery fees.
