Will a DUI suspension on driving record, w/ clean criminal record, prevent me from obtaining visa?

[USAAUCA]

I have no convictions. I have a completely clean criminal record. All charges of a DUI have been dismissed, but the State of Florida DMV is holding my license hostage unless I complete a 12 week treatment program. I am supposed to be moving to Washington in 2 weeks. No facility in Bellingham will accept my treatment transfer. My fiancé is in BC. Will this DUI suspension affect my Inland/Outland visa process? I am completely ok with giving up my American license in order to rid myself of this crony system. Also, would this affect my ability to obtain a Canadian license??

 

[scylla]

I have no convictions. I have a completely clean criminal record. All charges of a DUI have been dismissed, but the State of Florida DMV is holding my license hostage unless I complete a 12 week treatment program. I am supposed to be moving to Washington in 2 weeks. No facility in Bellingham will accept my treatment transfer. My fiancé is in BC. Will this DUI suspension affect my Inland/Outland visa process? I am completely ok with giving up my American license in order to rid myself of this crony system. Also, would this affect my ability to obtain a Canadian license??

A DUI typically makes you inadmissible to Canada - meaning you are not eligible to apply for permanent residency. Typically, you have to apply for rehabilitation once 5 years have passed from the date you completed any penalty or paid any fines related to the DUI (in your case this would be five years from the time you complete the 12 week treatment program and license suspension). Once rehabilitation is approved, you can then apply for PR.

What was your BAC? Why are you required to attend a treatment program if the charges have been dismissed? When charged are dismissed, it means you're not guilty and there are no penalties applied.

 

[mike2236]

I believe that it depends. Did Florida file a Nolle Prosequi to get the charges dismissed? You're indicating that all charges were dismissed but yet Florida DMV suspended your license. I would expect that once the case was dismissed then DMV will abide by those ruling.

 

[USAAUCA]

A DUI typically makes you inadmissible to Canada - meaning you are not eligible to apply for permanent residency. Typically, you have to apply for rehabilitation once 5 years have passed from the date you completed any penalty or paid any fines related to the DUI (in your case this would be five years from the time you complete the 12 week treatment program and license suspension). Once rehabilitation is approved, you can then apply for PR.

What was your BAC? Why are you required to attend a treatment program if the charges have been dismissed? When charged are dismissed, it means you're not guilty and there are no penalties applied.

My BAC was .17. You are correct. I am not guilty and there are no penalties or prosecutions being brought further. But, the DMV is trying to say that I was guilty somehow, even though the state is saying I am not. I just want to be able to obtain a Visa in Canada bc this is where I will be living after married. I can still enter in Canada, freely. I am just confused how/IF this will affect my visa, once married.

 

[mike2236]

My BAC was .17. You are correct. I am not guilty and there are no penalties or prosecutions being brought further. But, the DMV is trying to say that I was guilty somehow, even though the state is saying I am not. I just want to be able to obtain a Visa in Canada bc this is where I will be living after married. I can still enter in Canada, freely. I am just confused how/IF this will affect my visa, once married.

How did the state terminate your case? You would know this but you can also get an FBI report for yourself and see. If there is no criminal case against you then I wouldn't think that you are inadmissible.

 

[scylla]

My BAC was .17. You are correct. I am not guilty and there are no penalties or prosecutions being brought further. But, the DMV is trying to say that I was guilty somehow, even though the state is saying I am not. I just want to be able to obtain a Visa in Canada bc this is where I will be living after married. I can still enter in Canada, freely. I am just confused how/IF this will affect my visa, once married.

Sorry - I don't know the answer. I don't understand who the court can find you not guilty but the DMV can impose a penalty. Maybe someone with a better understanding of the US court system can help.

Your BAC was quite high and definitely way more than enough to make you inadmissible. Agree with the poster above - what appears on your FBI certificate? Is the FBI cert clean?

 

[USAAUCA]

I believe that it depends. Did Florida file a Nolle Prosequi to get the charges dismissed? You're indicating that all charges were dismissed but yet Florida DMV suspended your license. I would expect that once the case was dismissed then DMV will abide by those ruling.

Yes, I have a Nolle Prosequi, thankfully. It specifically states "further procecussion is not warranted". I went to update my Geico insurance and they told me I have 2 suspensions are on my license record. A DUI Suspension and a Lapsed Insurance Suspension. I can not even pay insurance without getting the DUI suspension removed. My lawyer said she can not handle anything having to do with the DMV. I am literally going crazy trying to figure out why this is happening; if I can still become a Canadian PR, even though I am completely innocent in the US.

 

[USAAUCA]

Sorry - I don't know the answer. I don't understand who the court can find you not guilty but the DMV can impose a penalty. Maybe someone with a better understanding of the US court system can help.

Your BAC was quite high and definitely way more than enough to make you inadmissible. Agree with the poster above - what appears on your FBI certificate? Is the FBI cert clean?

I have absolutely no idea what my FBI record looks like. Requesting and receiving that info would take longer than the actual treatment requested of me.

 

[Buletruck]

I have absolutely no idea what my FBI record looks like. Requesting and receiving that info would take longer than the actual treatment requested of me.

Just an opinion, but you may want to go to the effort of ordering your FBI report regardless if you are planning to apply for a spousal PR. It would be incredibly annoying to find out through a refusal you're inadmissible.

 

[USAAUCA]

Just an opinion, but you may want to go to the effort of ordering your FBI report regardless if you are planning to apply for a spousal PR. It would be incredibly annoying to find out through a refusal you're inadmissible.

Yes. Thank you very much. Will jump right on that. I most definitely don't want to find out that way. He might be moving to the US...

 

[mike2236]

Yes. Thank you very much. Will jump right on that. I most definitely don't want to find out that way. He might be moving to the US...

If you're not a US citizen or US PR then I've seen that the eDO is being processed pretty fast per these forums.

 

[mike2236]

Yes, I have a Nolle Prosequi, thankfully. It specifically states "further procecussion is not warranted". I went to update my Geico insurance and they told me I have 2 suspensions are on my license record. A DUI Suspension and a Lapsed Insurance Suspension. I can not even pay insurance without getting the DUI suspension removed. My lawyer said she can not handle anything having to do with the DMV. I am literally going crazy trying to figure out why this is happening; if I can still become a Canadian PR, even though I am completely innocent in the US.

I remember reading somewhere that Canada does not count USA nolle prosequi against the applicant. I can't remember where is the manual that I read that previously. I find it strange that the court system did not find you guilty but DMV found otherwise. The only thing on your FBI report should be the disposition of the nolle prosequi. If the current DMV issue is an administrative issue then it's not criminal and should not be an issue for PR processing in Canada. I would also suggest that at a minimum that you do a consultation with a Canadian immigration lawyer and not consultant. This is my opinion.