Anxiety over border incident

[CdnRNUSN]

Hello everyone,

My husband and I are still in the early stages of tackling this crazy paper work to sponsor him in to Canada and these questions are never ending! There is one issue that makes me anxious and I wanted to get feedback on in regards to his application.

7 year ago my husband (then my BF) was driving up from WA to BC to visit me. He was detained at the border due to drinking earlier that day (uggh yeah I know ). He was given a notice of 24 hr prohibition, no charges were ever laid nor a breathalyzer test was ever performed. They told him to return back to the US and return back in 24 hrs. His license was to be picked up at the closest RCMP station in Surrey the next day. As instructed he did that.

Since that incident he has NEVER been denied entry. We crossed several times as we lived in Wa state at the time and BC is my home. He is ALWAYS thoroughly questioned at the border and he explains the situation as it happened. One day he was so tired being asked about the incident he decided to bring the notice they gave him but they ended up giving it back as it is so old it is barely legible! He clearly has a red flag in their system.

So i am wondering under the previous circumstances , is there a chance that the application be denied?

Thanks all for taking the time to read this!

 

[mroliveland]

INADMISSIBILITY is one of the reasons of sponsorship denial. Since he is still ADMISSIBLE despite this incident and his "red flag", I don't see this incident as a valid reason to deny the sponsorship. When you complete the application, answer any question related to this incident honestly. On a separate sheet of paper, narrate the incident and the consequences. Emphasize the fact that he is ADMISSIBLE and provide evidences of this if available (entry to Canada after the incident e.g. passport entry/exit stamps of border control of both sides US-Canada).

 

[itscoezy]

INADMISSIBILITY is one of the reasons of sponsorship denial. Since he is still ADMISSIBLE despite this incident and his "red flag", I don't see this incident as a valid reason to deny the sponsorship. When you complete the application, answer any question related to this incident honestly. On a separate sheet of paper, narrate the incident and the consequences. Emphasize the fact that he is ADMISSIBLE and provide evidences of this if available (entry to Canada after the incident e.g. passport entry/exit stamps of border control of both sides US-Canada).

Couldn't have said it better myself. Goodluck

 

[CdnRNUSN]

Thank you both so much!

 

[rjessome]

INADMISSIBILITY is one of the reasons of sponsorship denial. Since he is still ADMISSIBLE despite this incident and his "red flag", I don't see this incident as a valid reason to deny the sponsorship. When you complete the application, answer any question related to this incident honestly. On a separate sheet of paper, narrate the incident and the consequences. Emphasize the fact that he is ADMISSIBLE and provide evidences of this if available (entry to Canada after the incident e.g. passport entry/exit stamps of border control of both sides US-Canada).

Actually, there are issues here. Section 36(2)(d) of the Immigration and Refugee Protection Act states under Criminality:

(2) Criminality - A foreign national is inadmissible on grounds of criminality for
(d) committing, on entering Canada, an offence under and Act of Parliament prescribed by the Regulations.

The Regulations define the types of offences that make a person inadmissible (indictable & hybrid). But basically, he committed the act of drinking and driving which is an indictable offence and makes him inadmissible, even though he has no conviction. Technically, when applying for PR he should also be applying for Rehabilitation because it has not been more than 10 years since it happened and his 24 hour license suspension. This is on record at the border so included in his immigration file.

They could have turned him around at the border any time he crossed but likely just didn't want to because it wasn't serious. However, if there was ever a CBSA officer going EXACTLY by the book, they could refuse him entry.

 

[mdna]

it makes sense...
good luck with your application!