Inadmissable?

[abme14]

Hello, I am a US Citizen and previously had a Nexus card which I have recently applied to renew. My application was conditionally approved and I went to my appointment. I have 2 driving while impaired convictions that are both over 10 years old - these equate to summary offences, as I review the definitions and nomenclature.

The CBP officials asked for the documents in both cases (which I sent) and I have not heard anything on the status of my Nexus application - or being allowed into Canada. The Canadian CBP official told me that I had to apply for an ARC - but he referred to my issues as felonies, which they were not, they were misdemeanors. I did attempt to speak up to correct his comment, but was spoken over by the American CBP official.

Does anyone have opinions on what I should expect here?

 

[21Goose]

DUIs are hybrid offences in Canada and will therefore be treated as indictable offences for the purpose of Immigration. You may be eligible for deemed rehabilitation since more than 10 years have passed.

Please see @scylla 's link below for the latest information. The article I posted was out of date.

 

[scylla]

DUIs are hybrid offences in Canada and will therefore be treated as indictable offences for the purpose of Immigration. You may be eligible for deemed rehabilitation since more than 10 years have passed.

More info here - http://www.americanlaw.com/canadadrunkdrivingduidwi.html

The article is old, but the law hasn't changed so it's still valid.

Not any more - rules have recently changed. It's now a serious criminal offence.

https://www.cicnews.com/2018/12/wha...nd-permanent-residents-1211620.html#gs.byi0zn

 

[scylla]

Hello, I am a US Citizen and previously had a Nexus card which I have recently applied to renew. My application was conditionally approved and I went to my appointment. I have 2 driving while impaired convictions that are both over 10 years old - these equate to summary offences, as I review the definitions and nomenclature.

The CBP officials asked for the documents in both cases (which I sent) and I have not heard anything on the status of my Nexus application - or being allowed into Canada. The Canadian CBP official told me that I had to apply for an ARC - but he referred to my issues as felonies, which they were not, they were misdemeanors. I did attempt to speak up to correct his comment, but was spoken over by the American CBP official.

Does anyone have opinions on what I should expect here?

Based on recent changes to the rules (see link in post above), I suspect you are inadmissible and will need to apply for rehabilitation (not an ARC) before you will be able to enter Canada.

 

[21Goose]

Not any more - rules have recently changed. It's now a serious criminal offence.

https://www.cicnews.com/2018/12/wha...nd-permanent-residents-1211620.html#gs.byi0zn

Yes, but OPs offences happened before Dec 2018 so this doesn't apply retrospectively, correct?

 

[abme14]

Not any more - rules have recently changed. It's now a serious criminal offence.

https://www.cicnews.com/2018/12/wha...nd-permanent-residents-1211620.html#gs.byi0zn

In your cited article, however, it seems to imply that this offence elevation occurs for such incidents if they took place Dec 18, 2018 or after. I do not see where situations such as mine are retroactively affected. Do you think this is the case?

The elevation of impaired driving offences to serious criminality means permanent residents could be in jeopardy of losing their permanent resident status and could potentially face deportation if they are convicted of an impaired driving offence committed on or after December 18, 2018, in Canada or overseas.

 

[21Goose]

Yes, but OPs offences happened before Dec 2018 so this doesn't apply retrospectively, correct?

Hmm never mind, there are two offences so deemed rehabilitation won't apply anyway.

 

[21Goose]

In your cited article, however, it seems to imply that this offence elevation occurs for such incidents if they took place Dec 18, 2018 or after. I do not see where situations such as mine are retroactively affected. Do you think this is the case?

The elevation of impaired driving offences to serious criminality means permanent residents could be in jeopardy of losing their permanent resident status and could potentially face deportation if they are convicted of an impaired driving offence committed on or after December 18, 2018, in Canada or overseas.

Even if it isn't retrospective you still don't qualify since you have two convictions. You will need to apply for criminal rehabilitation.

 

[abme14]

Even if it isn't retrospective you still don't qualify since you have two convictions. You will need to apply for criminal rehabilitation.

Ok.

 

[abme14]

I am looking at the Canadian site on CR, and I see the following;

If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:

• You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
• You are eligible to apply for rehabilitation: not applicable.

https://www.canada.ca/en/immigratio...admissible-canada-past-criminal-activity.html

 

[21Goose]

I am looking at the Canadian site on CR, and I see the following;

If you were convicted for two (2) or more offences outside Canada that, if committed in Canada, would constitute summary conviction offences:

• You are deemed rehabilitated: at least five (5) years after the sentences imposed were served or to be served.
• You are eligible to apply for rehabilitation: not applicable.

https://www.canada.ca/en/immigratio...admissible-canada-past-criminal-activity.html

DUI aren't summary offences, they are hybrid offences. Hybrid offences are always treated as indictable under Canadian Immigration Law.

It doesn't matter that you were convicted summarily. You have two indictable offences and you are inadmissible, and do not qualify for deemed rehabilitation.