Overcoming a
US DUI Conviction
We know full well that overcoming a Driving Under the Influence (DUI) conviction in the United States can be a substantial barrier for immigration to Canada. However, we can proudly say that we have vast expertise in guiding clients in effectively overcoming these obstacles and achieving their immigration goals. We can assess if you qualify for a temporary residency permit (TRP) or rehabilitation, based on your circumstances.
“While a TRP is a temporary solution that can be granted for a specific period, Criminal Rehabilitation is a more permanent solution that allows individuals to enter Canada if they can demonstrate that they have been rehabilitated and are unlikely to re-offend.”
-Amandeep Hayer
Understanding the Severity of DUIs in Canada
In December 2018, Canada enacted new impaired driving laws. While Canada has long considered driving under the influence to be an inadmissibility ground, the new law makes it more difficult and costly to overcome an inadmissibility for driving under the influence. Prior to 2018, impaired driving was classified as a criminal offence, resulting in inadmissibility under section 36(2) of the Immigration and Refugee Protection Act (IRPA). It is now classified as a serious criminal offence, resulting in inadmissibility under section 36(1) of the IRPA. This implies:
- A person can no longer be deemed rehabilitated and must apply for individual rehabilitation
- The application fee for rehabilitation is $1000 CAD rather than $200 CAD.
Evaluating Eligibility for Canadian Immigration
To evaluate eligibility for Canadian immigration, individuals with a US DUI conviction must undergo a comprehensive assessment. This process considers factors such as the nature of the conviction, sentencing details, and relevant criminal history.
| Eligibility Factors | Implications of DUI | Legal Advice Benefits |
|---|---|---|
| Conviction nature | Immigration status impact | Expert guidance |
| Sentencing details | TRP requirements | Process understanding |
The Role of a TRP in DUI Cases
A Temporary Resident Permit (TRP) plays a crucial role in DUI cases, providing a potential pathway for individuals with such convictions to enter Canada temporarily. The TRP application process requires compelling reasons for TRP and thorough documentation. However, the discretion of Canadian immigration officials and the impact of DUI conviction on TRP eligibility underscore the complexity of the process, emphasizing the need for professional legal advice.
Criminal Rehabilitation: A Possible Solution for DUIs
Individuals with impaired driving convictions seeking to enter Canada can choose between a Temporary Resident Permit and criminal rehabilitation. The former is a temporary solution, while the latter offers a more permanent resolution, effectively erasing the conviction in the context of Canadian immigration. The rehabilitation process involves a forgiveness request, providing a fresh start and eliminating barriers. Thus, it is a permanent solution for those seeking to establish a sense of belonging within Canadian society.
Bill-C46, which was passed on December 18, 2018, increased the penalty of impaired driving charges under Canadian law, making the rehabilitation process more demanding. This emphasizes the importance of legal assistance in the rehabilitation and immigration processes.
Importance of Legal Consultation With Hayer Law
Given the complexities of navigating Canadian immigration laws, particularly when an impaired driving conviction is involved, it becomes imperative that individuals seek expert legal consultation. Engaging with our experienced immigration lawyers here at Hayer Law increases the chances of successfully navigating the immigration process and achieving one’s immigration goals.