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potential problem with DUI

stargazer

Newbie
Jan 26, 2007
2
0
Hi, just want to find out what the best approach would be to bringing my fiance into Canada.
She has a single DUI on her record and even though it is not a criminal offence in the state where she got it everything we read says that she is an "undesirable" in the eyes of Canada.

Would it be easier for her to immigrate if:
1) we are married
2) still single

She is currently still living in the US (US citizen)and I am living in Canada (Canadian citizen)
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

stargazer said:
Hi, just want to find out what the best approach would be to bringing my fiance into Canada.
She has a single DUI on her record and even though it is not a criminal offence in the state where she got it everything we read says that she is an "undesirable" in the eyes of Canada.

Would it be easier for her to immigrate if:
1) we are married
2) still single

She is currently still living in the US (US citizen)and I am living in Canada (Canadian citizen)
1. She is inadmissible as a visitor and as an immigrant and will require rehabilitation
2. You might want to start reading here: http://geo.international.gc.ca/can-am/buffalo/visas/inadmissible-en.asp
3. If she applies as a skilled worker, she is looking at 18-31 months, if she qualifies and once she is considered rehabilitated.
4. If you marry, as she is inadmissible, she would have to remain in the US while you sponsored her, unless she was issued a TRP (unlikely) and once considered rehabilitated, the processing in Buffalo would be between 3-13 months, see: http://www.cic.gc.ca/english/department/times-int/05-fc-spouses.html

PMM
 

gretty

Newbie
Apr 1, 2007
3
0
I have a question along these lines... my other half has a pending dui charge (no conviction/1st offense) in the US, however, owns property in Canada - can he get in? If so, what process must he complete to visit (5 days/trip)? Where do I find the necessary forms, help, etc.?

Thanks,
Gretty
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

gretty said:
I have a question along these lines... my other half has a pending dui charge (no conviction/1st offense) in the US, however, owns property in Canada - can he get in? If so, what process must he complete to visit (5 days/trip)? Where do I find the necessary forms, help, etc.?

Thanks,
Gretty
If he is convicted, then he becomes inadmissible to Canada, it doesn't matter if owns property in Canada. See: http://geo.international.gc.ca/can-am/buffalo/visas/inadmissible-en.asp Again if he is convicted as it will be less then 5 years from the conviction, he will require a TRP to enter Canada. (TRP=Permit)

PMM
 

gretty

Newbie
Apr 1, 2007
3
0
PMM said:
Hi

gretty said:
I have a question along these lines... my other half has a pending dui charge (no conviction/1st offense) in the US, however, owns property in Canada - can he get in? If so, what process must he complete to visit (5 days/trip)? Where do I find the necessary forms, help, etc.?

Thanks,
Gretty
If he is convicted, then he becomes inadmissible to Canada, it doesn't matter if owns property in Canada. See: http://geo.international.gc.ca/can-am/buffalo/visas/inadmissible-en.asp Again if he is convicted as it will be less then 5 years from the conviction, he will require a TRP to enter Canada. (TRP=Permit)

PMM

Hi, thanks for the reply.. here's another one, what if he pleads down to a reckelss driving instead of DUI - will that still exclude him from enterance to canada? Would he still need to do all the hoops?
Thanks
Gretty
 

Anatoly

Full Member
Mar 15, 2007
20
2
She has a single DUI on her record and even though it is not a criminal offence in the state where she got it everything we read says that she is an "undesirable" in the eyes of Canada.

Please, I'd like to know what is DUI?
Thank you
 

gretty

Newbie
Apr 1, 2007
3
0
ok, what is the difference, - if not "criminal" in the us state, but considered to be criminal in canada - (dui) is wreckless driving criminal in candada and therefore making them inadmissable?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

gretty said:
ok, what is the difference, - if not "criminal" in the us state, but considered to be criminal in canada - (dui) is wreckless driving criminal in candada and therefore making them inadmissable?
DUI is driving under the influence (either alcohol or drugs) and is an indictable offense under the criminal code in Canada.

PMM