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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95189
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a dui of a bout a year ago. I have completed my sentence

Resolved Question:

I have a dui of a bout a year ago. I have completed my sentence and penalties. I have booked a trip to vegas from toronto to attend a family wedding. Will my dui be an issue?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  retireddebra replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Yes this may very well be a serious issue.

Because of your criminal record at first you are considered to be inadmissible to Canada on the basis of criminality.

But, after 5 years has passed since your sentence as been completed it is sometimes possible to be deemed to have been rehabilitated when you reach the border. However, there's no guarantee as it's up to the discretion of the immigration office.

If you don't want to take a chance at the border the most prudent thing to do is to apply for individual rehabilitation. If this application is successful you will no longer have to be concerned about being turned away at the border.

But, it takes over a year to get this processed.

So, if you want to come up before then it's sometimes possible to get what is called a Temporary Resident Permit (TRP). This is really your only option at this point in time. It may work though there is certainly no guarantee.

Here is a link to the information about the TRP application:

http://www.cic.gc.ca/english/information/inadmissibility/permits.asp

Here is the link to the webpage that explains how rehabilitation works:

http://www.cic.gc.ca/english/information/applications/guides/5312ETOC.asp

Let me know if you need any further clarification.
Customer: replied 1 year ago.

Hi again, I am canadian visitng the us or other countries. I know canadians who have had a dui and are able to drive across many us borders. Will i have an issue at the toronto airport when flying out to vegas or other cities/countries?

Expert:  retireddebra replied 1 year ago.
I am very sorry. I misread the question.

I will have to move this to the US law list and have a US law expert answer.

I thought you were trying to enter Canada.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX receive a response today?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


You have a B-2 visa or you just plan to use your Canadian passport?


Your DUI, was it a simple DUI, no injuries or property damage? And what was the sentence and penalties?
Customer: replied 1 year ago.

I will use my CAD passport.


There were no injuries no one involved except for me. No damage. Car was impounded -- proper procedure, court case ensued I pled guilty lost my license for nine months.....all has been reinstated a year ago , the incident took place Feb 2011, Court March 2011 License back July 2012.


I do know of a person who also experienced dui and travels via vehicle across many US borders without question.....

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
A simple DUI with no injuries or damage is not a crime involving moral turpitude. Here is link to the U.S. Supreme Court case that decided that:



http://www.law.cornell.edu/supct/html/03-583.ZO.html

So technically, your simple DUI should not affect your ability to travel on your Canadian passport. But to be on the safer side, you should carry with you certified copies of the police report and the court disposition so that you have the least amount of problems/delays when you cross the border.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95189
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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