Will DUI in USA invalidate a spousal sponsorship?

[VermiciousKnish]

Applicant from the USA married a CDN citizen and they are now both in Canada. Sponsor would like to sponsor her spouse but he has two DUI convictions in the USA and 5 years have not passed. This will certainly show up on FBI clearance certificate but will this invalidate the sponsorship?

 

[VermiciousKnish]

https://www.canadavisa.com/canada-immigration-discussion-board/threads/dui-sentencing-changes-will-impact-current-future-applicants-as-well-as-prs.567993/

As far as I understand, DUI would still be considered a Hybrid offence and so because the DUI's were before 2018, the applicant would only have deemed rehabilitation status after the 10 year mark with only one offence. Because he has two convictions, does this mean he will never be "rehabilitated" and barred for life?

 

[KBH]

As far as I understand, DUI would still be considered a Hybrid offence and so because the DUI's were before 2018, the applicant would only have deemed rehabilitation status after the 10 year mark with only one offence. Because he has two convictions, does this mean he will never be "rehabilitated" and barred for life?

Not barred for life, it just means rehabilitation would need to actually physically be applied for (once eligible) and there would be no automatic "deemed rehabilitation"

See "Eligibility for Rehabilitation" here - https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E4

The applicant would need to receive the rehabilitation before they could be sponsored.

 

[VermiciousKnish]

Thanks I will read more about this.

 

[scylla]

Thanks I will read more about this.

Note that applicant is inadmissible to Canada right now and technically isn’t allowed in the country even as a visitor without a TRP. Applying for PR will not be possible until the 5 years have passed and rehab has been approved.

 

[VermiciousKnish]

Note that applicant is inadmissible to Canada right now and technically isn’t allowed in the country even as a visitor without a TRP. Applying for PR will not be possible until the 5 years have passed and rehab has been approved.

So then is the applicant not allowed to visit the country at all? Or is it up to the customs official whether or not they will grant entry as a visitor?

 

[scylla]

So then is the applicant not allowed to visit the country at all? Or is it up to the customs official whether or not they will grant entry as a visitor?

The applicant is inadmissible. That means he cannot enter Canada without a TRP or until rehabilitation is approved.