American Husband - rehabilitation?

[eighties_music]

My husband is currently in the States waiting for his probation to end (Driving without a license. Also has a history of drunk driving offenses.) Is entry to Canada at the discretion of the border officers when the person is married to a Canadian? To be honest I don't think he'd be admissible given his record. He has not applied for a pardon/rehabilitation, he thinks that when his probation is up in December he can leave the USA but I am very doubtful.

 

[scylla]

My husband is currently in the States waiting for his probation to end (Driving without a license. Also has a history of drunk driving offenses.) Is entry to Canada at the discretion of the border officers when the person is married to a Canadian? To be honest I don't think he'd be admissible given his record. He has not applied for a pardon/rehabilitation, he thinks that when his probation is up in December he can leave the USA but I am very doubtful.

If he has a history of drunk driving offenses (i.e. multiple offenses), then he's almost certainly inadmissible to Canada.

Was his license suspended due to a DUI? A license suspension is regarded as a penalty by Canada.

We need more information regarding his DUI offenses. When they happened, what the penalties were for each, etc.

Inadmissibility is not really at the discretion of a border official. If you're inadmissible then you're inadmissible. Canada takes DUIs extremely seriously.

 

[eighties_music]

Yes his license was suspended because of a DUI. He has served time for a DUI offense. Exact dates I am not sure of because they happened before we met. His record was a bit of a surprise when I found out when he was arrested for driving without a license but I will guess between 7-10 years ago?

 

[scylla]

Yes his license was suspended because of a DUI. He has served time for a DUI offense. Exact dates I am not sure of because they happened before we met. His record was a bit of a surprise when I found out when he was arrested for driving without a license but I will guess between 7-10 years ago?

It's time to sit down with him and dig out the exact details of all of his convictions, when they happened (exactly), what sentence / fine / probation / pentaly (e.g.license suspension) he was given and when these ended. If he doesn't have the details, then he'll need to request all of the related court records so that you have this information. You need to have a complete picture of exactly what you're dealing with. Based on what you're staying, he was given probation for 7-10 years? That's an extremely long time. That sounds like something liked to the DUI offences rather than just a driving without license penalty.

IMO there's an extremely high likelihood he's currently inadmissible. When he can apply for rehabilitation will depend on when he complete his last penalty related to a DUI charge (it's going to be 5 years from that date). So extremely important to find out why he was put under probation for the 7-10 years. Was this just driving without a license or related to the DUIs? You may need to speak with a Canadian immigration lawyer to sort this out.

If he's inadmissible to Canada, he won't be able to enter until a rehabilitation application is approved. Multiple offenses (which he has) typically complicate this process. Until he is admissible, his only option for entring the US would be to apply for a TRP which is a special visa for those who are otherwise inadmissible to Canada.

Anyway - long story short, the two of you need to sit down and go into the details of all of his convictions. Based on the info you've provided so far, very good chance he's currently inadmissible to Canada which would make his December plans a no-go.

 

[eighties_music]

7-10 years ago is when his license was suspended and he served time. We have been together for 5 years. His current probation is from when he was arrested for driving without a license 2 years ago.

 

[scylla]

7-10 years ago is when his license was suspended and he served time. We have been together for 5 years. His current probation is from when he was arrested for driving without a license 2 years ago.

My advice is that you get a complete list of all of his convictions, penalties and related dates and then do a consult with a good Canadian immigration lawyer familiar with inadmissibility. You should assume he is inadmissible and will need to go through the rehabilitation process before he will be able to enter Canada. An immigration lawyer will be able to review the charges and confirm exactly when he qualifies to submit the rehab application.