+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

zfarrell

Newbie
Sep 30, 2012
1
0
Hello, I'm in the process of trying to move to Calgary from the united states. I'm in eastern Washington right now, just trying to figure out where I'd have the best luck crossing the border at. I have a job offer in Calgary already, and had an attorney working on a TN visa for me, as she felt that was the best and fastest option for me. However, due to the fact that I have 2 duis on my record, she doesnt think I have a chance of making it over the border and has since dropped me. I have my entire packet ready to submit, with a letter from my attorney, visa papers, job offer, birth certificate, and passport in hand. As far as the duis are concerned, one was 11 years ago and the other 2.5 years ago, but that is still in appeals. I did complete a one year rehabilitation program on the most recent and have the completion certificate in case it helps my case. If anyone can give me any advice on my best shot of making it, it would be GREATLY appreciated! I will be driving my truck, which is full of what little stuff I could fit, e.g. clothes, tools, some art, snowboard, laptop, and not much else, if thats any help.
 
The second DUI is a problem. You're inadmissible to Canada until 5 years after the completion of your sentence for this offence. More information here:

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp#5312E2
 
TN Visa is a US immigration term. In Canada it is a NAFTA professional visa.

Doing this at a port of entry is risky. The 11 year old DUI you could have been "deemed rehabilitated" but that 2.5 year old DUI is going to present a problem/issue, especially in combination with the first one. You could submit the application to the consulate in LA for determination but that will take a couple of months.

If you want to try driving across the border from Eastern Washington, I'd suggest you go to Couts (http://www.cbsa-asfc.gc.ca/contact/listing/offices/office646-e.html) since they have full immigration services and would be more likely to have people familiar with complex applications. I suspect in the end you will need a TRP to gain entry, and without a compelling reason to issue one, it's going to be difficult to get.

What you should also bring with you are documents pertaining to the two DUIs, including court records and disposition information.

Here's a link about this topic as well: https://help.cbp.gov/app/answers/detail/a_id/402/~/entering-the-u.s.-and-canada-with-dui-offenses

Here is the page on rehabilitation: http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

Based upon what you have said, you won't qualify for rehabilitation, but because of the 10 year separation between the two events they may treat it as only a single DUI (the most recent). However, to enter Canada you would likely need a TRP. See here for LA's information on TRPs: http://www.canadainternational.gc.ca/los_angeles/visas/inadmissibility-interdiction.aspx?lang=eng&view=d#Temporary.

US citizens are allowed to apply for a TRP at the border (and I think this is unique, since most everyone else must apply via a consulate0. If you want to try this at the border, have the TRP application ready to go - there is a $200 application fee. Make sure you review OP 2 "Temporary Resident Permits" because this is the guide on how TRPs are evaluated. http://www.cic.gc.ca/english/resources/manuals/op/op20-eng.pdf

Here is the US checklist for TRPs: http://www.canadainternational.gc.ca/washington/assets/pdfs/visas/61_1_eng.pdf. Make sure you have done everything on that list.

Even with all of this, I'd find an attorney experienced with Canadian TRPs, because this is a complex specialized area of law. But if you want to try it on your own, you've got everything I can suggest at the present time.

Good luck!