It is not worth taking the risk because you can be asked "have you ever been arrested?" And yes Customs and Immigration can find that out. Simply for a DUI even though the case hasn't been to court yet, they can refuse you entry just for being arrested. I read an article not to long ago where the person was charged but not found guilty of a DUI and Canada refused this person entry. I grew up on the Canadian/American border and it was closer for me to cross into the US for gas and food then to go to my next town. I would cross 150 times a year times 28+ years. Some of it was personal and other was business because I drove tractor trailer. When it comes to Canadian Customs and Immigration, I am quite versed in that subject. Remember it is all up to the border guard.
N400 Interview - DUI 4 days before - Need your comments please!
- Thread starter First_DUI_N400
- Start date
It is not worth taking the risk because you can be asked "have you ever been arrested?" And yes Customs and Immigration can find that out. Simply for a DUI even though the case hasn't been to court yet, they can refuse you entry just for being arrested. I read an article not to long ago where the person was charged but not found guilty of a DUI and Canada refused this person entry. I grew up on the Canadian/American border and it was closer for me to cross into the US for gas and food then to go to my next town. I would cross 150 times a year times 28+ years. Some of it was personal and other was business because I drove tractor trailer. When it comes to Canadian Customs and Immigration, I am quite versed in that subject. Remember it is all up to the border guard.
There are conflicting arguments about whether a pending DUI charge may prevent entry into Canada:
People are also ineligible to enter Canada if they have pending DUI charges against them. This means just for being arrested, you may be prevented from entering Canada if you are still awaiting trial.
http://www.oregonduilawyerblog.com/2009/12/arrest-for-dui-can-restrict-en.html
Generally speaking, border officials do not deny entry to someone with a pending DUI. This is true for clients on a deferred prosecution as alcoholism, in and of itself, does not make someone inadmissible.
http://www.duiwashington.com/dui_washington/dui_articles/duiarticles11.html
Yes it is conflicting but there are a lot of factors to look at. What border are you crossing? Is it a small port or a large port? Are you coming in by land sea or air? Are you coming in during a shift change? Are you coming in during summer months? Summer months are generally when they hire new border guards and normally since these new employees are green will follow the book to the letter. Still in this gentleman's case it is not advisable to try and cross now. I believe he is coming from Colorado, so that would be a long way to travel just to be turned around (by car) or be sent back on the next flight out. Plus don't forget you now have the hassle of dealing with immigration, and God only knows how long they can keep you there to interrogate you. It once took me 12 hours to get back into my own country( that's a different story though). I think this gentleman has enough on his plate as it is now, don't need to be adding more to it.
First_DUI_N400
Registered Users (C)
Thanks to the team for timely advice, I cancelled my trip to Canada.
Reflections : Oh god wish last week is a bad dream. I will pay all it takes in taking classes, lawyer etc to drop charges on me. It's a joke, if anyone knows me if I say I got caught DUI. Thats simply not me! - well how else I console myself... good bye to drinking for ever.... no matter what....
Reflections : Oh god wish last week is a bad dream. I will pay all it takes in taking classes, lawyer etc to drop charges on me. It's a joke, if anyone knows me if I say I got caught DUI. Thats simply not me! - well how else I console myself... good bye to drinking for ever.... no matter what....
It's not the end of the world, unfortunately sh*t happens. Just take it one day at a time. I wouldn't say goodbye to drinking forever, just if your gonna drink limit to having one with a meal and wait a little while before you leave. You can always say it could have been worse. Best of luck
First_DUI_N400
Registered Users (C)
I received a I-797C form stating why I didn't showup for the interview (looks like they haven't seen my request reschedule). One question, do I have to now give the reason why I didn't show up? My DUI pending case. I don't think I will get a judgement on DUI for next 2 months... its a slow process in this county. Or Just respond to say I did request for reschedule?.
Just respond you requested to reschedule due to schedule conflict. Send in your request via registered mail to cover yourself.