Drunk n drive case in US

[badshah500]

I have drunk and drive csae in US.I want to understand that will it effect my PR application as I have read somewhere that CIC may reject the application if there is drunk and drive case and it will have an impact on my PCC from US.
Please guide me on this

 

[mgnlky]

This might help you a little http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf

When was the drunk driving case in the US? What was the outcome (guilty, not-guilty, etc)?

 

[scylla]

I have drunk and drive csae in US.I want to understand that will it effect my PR application as I have read somewhere that CIC may reject the application if there is drunk and drive case and it will have an impact on my PCC from US.
Please guide me on this

DUI makes you inadmissible to Canada depending on when it happened and when you complete/paid any related fee or probation.

When did you get the DUI (month/year)? What was you BAC? Are the charges still pending or already dealt with in court? When did you complete any probation and/or pay any fee related to the charge (month/year)?

 

[ashu1710]

This might help you a little http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf

When was the drunk driving case in the US? What was the outcome (guilty, not-guilty, etc)?

Will it show up on his FBI PCC?

 

[mgnlky]

Will it show up on his FBI PCC?

It's a criminal charge, so if found guilty, yes.

 

[scylla]

It's a criminal charge, so if found guilty, yes.

And if the charges are still outstanding and aren't declared in the PR application, they will be discovered during background / security checks.

The short answer to this question is that if BAC is 0.08 or higher - that makes someone inadmissible to Canada (which means they can't become a PR). Once five years have passed from the time any penalty or probation was completed, the person qualifies to apply for rehabilitation. If rehabilitation is approved, then that individual can obtain PR. If it's been less than five years - that person is out of luck and should forget about Canada for now.

 

[kryt0n]

And if the charges are still outstanding and aren't declared in the PR application, they will be discovered during background / security checks.

The short answer to this question is that if BAC is 0.08 or higher - that makes someone inadmissible to Canada (which means they can't become a PR). Once five years have passed from the time any penalty or probation was completed, the person qualifies to apply for rehabilitation. If rehabilitation is approved, then that individual can obtain PR. If it's been less than five years - that person is out of luck and should forget about Canada for now.

Im fairly certain Canada sees drink driving as a worse crime than outright murder.

 

[mgnlky]

Im fairly certain Canada sees drink driving as a worse crime than outright murder.

Considering drunk driving can end up in a murder charge, you might not be wrong!

 

[julientran]

DUI is a serious felony in North America. I would suggest you to hire an immigration lawyer to help you with the PR process.

 

[mgnlky]

DUI is a serious felony in North America. I would suggest you to hire an immigration lawyer to help you with the PR process.

Incorrect. DUI is a misdemeanor in the US, unless someone was injured say in a wreck. Then it could be upgraded to a felony.

 

[julientran]

Incorrect. DUI is a misdemeanor in the US, unless someone was injured say in a wreck. Then it could be upgraded to a felony.

In my state, the second DUI is considered a felony, regardless if you were involved in a car accident or not.

 

[mgnlky]

In my state, the second DUI is considered a felony, regardless if you were involved in a car accident or not.

Meanwhile in states like KY, it takes 4 DUI's within a 10 year period for it to be considered a Class D Felony. Not all states have the same laws around DUIs, so to say its a serious felony in North America would be incorrect.

 

[scylla]

Meanwhile in states like KY, it takes 4 DUI's within a 10 year period for it to be considered a Class D Felony. Not all states have the same laws around DUIs, so to say its a serious felony in North America would be incorrect.

Canada treats them all the same regardless of the state it happened in. If the BAC is over 0.08 - you're inadmissible.

 

[kryt0n]

Meanwhile in states like KY, it takes 4 DUI's within a 10 year period for it to be considered a Class D Felony. Not all states have the same laws around DUIs, so to say its a serious felony in North America would be incorrect.

I really don't get that btw. It's one country... Why not have the same laws :s

 

[julientran]

I really don't get that btw. It's one country... Why not have the same laws :s

It's like Canada as well. There are several provinces with different laws.
For example, medical insurance or welfare is handled differently in each province.