Traveling trough Canada to Alaska

[Gjac]

I am planning a trip to Alaska in June with my son and grand son and have been trying to find specific info on the Canadian web sites as to what is required. My wife and I have valid US passports.I found out the my grand son needs a letter from his mom to enter Canada. My son does not have a drivers licence or pass port because of a DUI. I called a number and was told that his DUI may be a problem and the woman gave me a number to call to get a more definite answer. After following the prompts all I get was the number cannot be reached from my location. Can anyone provide any information on this or direct me to a page and paragraph on a border web site that can help? Or a number that I can call from the US and talk to someone from border security?

[Gjac]

Mountaineer42 wrote:
Entering Canada with a DUI
Another site about crossing the Cdn border with a DUI

. Thanks for the web site. Even though it's not a custom web site and written by a lawyer it was very informative.

[JaxDad]

AKsilvereagle wrote:
Some individuals pay different fees for the TRP, which is determined on level of offense by officials...I had Alaskans tell me one paid $250 to drive to Haines as she had to attend her grandmother's funeral in Juneau, one had paid $500 for an in transit to the states, one had quoted a $1500 fee just to submit the application ...and still not guaranteed for approval, which that person withdrew their application for entry into Canada and immediately returned to Alaska.

Likewise, depends on one's individual status and level of offense.

I don't know if the fee you are referring to is the cost of the permit itself, or the fee charged by an immigration consultant.

The fees the Canadian government charges are clearly listed on the website I posted earlier, that is where I got the costs from.

The fees are for the permit, if it is not granted you don't pay anything.

[lakeside013104]

EEWally wrote:
Just curious, since a DUI in Canada results in a felony, would the US allow the felon to enter the US?

Also, I understand there was a dyslexic Mountie who kept giving IUDs.

I know nothing about the RCMP Officer that you mention in your post.

Your question: "would the US allow the felon to enter the US?", needs to be broken down somewhat.

To explain:

Would the US allow a Canadian citizen convicted of a DUI in Canada into the US? YES. The USA does not consider a DUI conviction to be an inadmissible offense.

Would the US allow a Canadian citizen convicted with a felony (excluding a DUI conviction) into the USA? NO, not without a waiver issued by the United States.

Would the US allow a US citizen convicted of a felony into the US? Yes. Customs and Boarder Protection Officers are not allowed to refused re-entry into the United States any US citizen. If the US citizenship has been "renounced", refusal of re-entry into the USA of a US citizen is authorized.

If a Canadian citizen has been 'charged' with, but NOT 'convicted' of a felony that person most likely would be allowed entry into the USA provided an Entry & Exit control document (I-94, normally a $6 fee) is issued at the border at the time of application of entry to the United States.

It is best if the Canadian citizen freely offers the information that they have been 'charged', but not 'convicted' of a felony crime at the time they are being inspected at the booth when crossing the border. This would come into play at a later date when one is at the border and seeking admission into the US. It would be up to the inspecting Officer's discretion to issue an I-94 entry / exit document. If in the interview the topic comes up that the Canadian citizen made entry previously, without offering the information that they had been charged with a felony crime, the Officer may decide not to issue the I-94 document. That Canadian citizen would not be allowed entry into the US at this time.

It would be best to be up front and honest with the border Officer. The defense of, "He/she did not ask me if I had been charged/convicted of a felony crime in Canada", could be looked upon as deception. If one is not truthful about one thing, what else may they possibly be untruthful about?

US border Officers have powers of discretion when admitting Canadian citizens into the US. Deception or perceived deception by the Officer could result in being turned back to Canada. Nobody wants their vacation, business trip, or shopping adventure to be terminated prematurely. Complete and full honesty is the best policy in the long run.

Hope this helps.

Lakeside

[AKsilvereagle]

Some individuals pay different fees for the TRP, which is determined on level of offense by officials...I had Alaskans tell me one paid $250 to drive to Haines as she had to attend her grandmother's funeral in Juneau, one had paid $500 for an in transit to the states, one had quoted a $1500 fee just to submit the application ...and still not guaranteed for approval, which that person withdrew their application for entry into Canada and immediately returned to Alaska.

Likewise, depends on one's individual status and level of offense.

[lakeside013104]

JaxDad wrote:

lakeside013104 wrote:
Canadians allow Americans with DUI convictions to enter their country IF they have a 'waiver' issued by Canadian authorities.

There is a substantial fee involved to acquire this waiver and not every first time applicant of this waiver is granted one. The fee is for each waiver application and each waiver process can be time consuming, meaning several months to acquire.


Lakeside

I'm not sure what 'waiver' you are referring to, but a TRP (I linked to it above), costs $100 (Canadian) and a multiple entry permit is $150.

I wouldn't think that's "substantial" and I'm told a TRP can be issued in 10 in 30 minutes.

Great news. Things must have changed from a few years back. I have heard about long wait times from some folks I came in contact with. Hope the OP has a swift turn around time for his son's wavier, if he applies for one.

Lakeside

[AKsilvereagle]

Just curious, since a DUI in Canada results in a felony, would the US allow the felon to enter the US?

If any individual happens to be a citizen returning to their own country, the answer would be YES.....

United States and Canada citizens (or one with legal status) returning to their home countries will not be denied entry, as criminal records do not pertain to the rule....

If this question pertains to a citizen that is not a US citizen entering the US, more likely they will be denied entry by US officials but the determining factor for granting entry is what is the purpose of visiting the US....

If it is someone that wants to vacation in an RV, probably not and most likely they will be sent back to Canada....recently there have been a small handful of Canadians without any criminal record that were denied into the US....

If it is someone that is a big performer, world class athlete, or some other big money work visa individual....maybe they will be granted permission as they will pay big bucks for a similar US waiver version at the discretion of a US Customs or immigration officer to seek a temporary permit....depends on one's status and purpose.

[AKsilvereagle]

I will clarify a better perspective 'in general' upon how both American and Canadian officials recognize the DUI and other criminal convictions on record for foreign individuals crossing the USA and Canada border.....

The basic 'in general' guideline when it comes to foreign nationals entering the United States or Canada that both sides of customs officials recognize in reference to levels of criminal record convictions or final result of a non conviction offense are categorized in one of four groups :

1- Minor offenses (non criminal)

2- Minor offenses (criminal)

3- Major offenses (non criminal)

4- Major offenses (criminal)

Both United States and Canada officials do not care what level of conviction of a particular offense was classified from any respective country and court level that it pertained in...

(Throw out any particular conviction recognized as a felony this, a misdemeanor that, an infraction here and there in that particular country)

- When any non citizens are entering the USA or Canada - the court conviction level of an offense has no bearing when crossing the international border.

....However, both US and Canada officials have their own criminal code of statutes that they recognize to their own matching level of imposition of a particular convicted offense in question, in which one offense might not be as serious in the US as it would be in Canada or vise versa...and in comparison classify the conviction or offense in one of the four level groups.

A DUI conviction for a non citizen entering either the US or Canada... both customs officials recognize any DUI as :
Major offense (criminal).

A petty theft conviction for a non citizen entering either the US or Canada, both customs officials recognize it as a :
Minor offense (criminal) -OR- Major offense (criminal)
.... Depending on what type of petty theft it is and what each country's criminal code statute level for that particular offense, and how each country would classify it in one of the four levels.

Any assault or violent type incident on record that resulted or non resulted in a conviction, both US and Canada officials still recognizes them as : Major offense (criminal).

Criminal convictions for non citizens entering the US are more vague than Canada officials, as non resident citizens entering Canada do have a 'in general' guideline :

If 'one total' criminal conviction had resulted upon very little time incarceration or suspended sentence, the 'in general' temporary permit (TRP) as noted can be applied if the conviction is past 5 years old.....if after 10 years old, it is the discretion of the CBSA officer to deem one rehabilitated and most likely not to re offend, however it depends on the past offense and the circumstance for the officer deciding to permit or deny a free pass - as I heard US citizens that had a one and only DUI conviction over 20 and 30 years ago (deemed rehabilitated) still had to apply and pay for a (TRP).

If the criminal conviction happened within a 5 year timeframe or less upon entering Canada, in general it is a cut and dry denied entry status, however the purpose of entering Canada would have a bearing and the type of offense to maybe permit entry under special circumstance, which if granted - there will be very restricted guidelines, a direct route and a short timeframe which one would also need to clear with Canada officials on a particular day and particular port of call before leaving the country.

If any one person had been incarcerated for more than 5 years, most likely they would be denied entry (depending on circumstances)....if one person had been incarcerated for at least 10 years total, they are permanently denied entry in Canada.

The biggest determining factor for a non resident citizen entering Canada with a criminal conviction is :

The purpose of visiting Canada.

Once an individual states the purpose of entering Canada...vacationing, visiting relatives, emergency family situation, in transit to Alaska or to the states, etc....the officer will have a better idea on what to impose upon an individual's situation and criminal conviction status and those guidelines, and other sub guidelines that pertain to one's situation and status.

A friend of mine found out the hard way upon flying to Texas and gathering a boat and personal belongings that his father had, to transport by vehicle back to Alaska, as Canada officials flat out denied him entry over a past DUI conviction and an assault charge that was a non conviction result (both were federal court cases)...but because he did not disclose every incident when asked by officials - they accused him of lying when the database showed the court cases were filed in Anchorage with the US Marshals office as he told them he never had any court case there nor ever dealt with the US Marshals....as he and Canada officials did not know at that particular moment the federal court cases for civilian individuals upon incidents handled by the US military police at a US military installation in the Fairbanks area are filed thru the US Marshals office in Anchorage....so he had to get a plane ticket wired in Spokane WA and return home from there as his brother in law had to drive alone to Alaska (his first trip).

So to anyone with a record in question, it is best to contact Canada authorities upon one's situation and hope they can give you a clear answer on what you need to make a trip in transit to Alaska.....even so, it is still not guaranteed that will happen once you get to the border as the border official has the discretion of how he or she determines one's entry status or recommends a supervisor to clarify a situation.

If one person's situation is an unclear cut and dry permitted or denied entry into Canada, it is best to answer truthfully and accurately and disclose every detail in question if asked, as officials will see it on the database as the more accurate answers that are given, the better chance one can enter Canada (even with or without a permit) as long as it is not a clear situation guideline for one resulting in a denied status.

[JaxDad]

lakeside013104 wrote:
Canadians allow Americans with DUI convictions to enter their country IF they have a 'waiver' issued by Canadian authorities.

There is a substantial fee involved to acquire this waiver and not every first time applicant of this waiver is granted one. The fee is for each waiver application and each waiver process can be time consuming, meaning several months to acquire.


Lakeside

I'm not sure what 'waiver' you are referring to, but a TRP (I linked to it above), costs $100 (Canadian) and a multiple entry permit is $150.

I wouldn't think that's "substantial" and I'm told a TRP can be issued in 10 in 30 minutes.

[EEWally]

Just curious, since a DUI in Canada results in a felony, would the US allow the felon to enter the US?

Also, I understand there was a dyslexic Mountie who kept giving IUDs.

[lakeside013104]

As stated, a DUI is considered a felony in Canada regardless whether or not it was a misdemeanor or felony in the USA.

Canadians allow Americans with DUI convictions to enter their country IF they have a 'waiver' issued by Canadian authorities. There is a substantial fee involved to acquire this waiver and not every first time applicant of this waiver is granted one. The fee is for each waiver application and each waiver process can be time consuming, meaning several months to acquire.

If you do not have enough time before you leave on this trip for your son to complete this wavier process, you have a couple options. Fly son to Anchorage or Fairbanks and pick him up there with plans to return flight him back to the USA. Or leave your son out of this trip.

Good luck and enjoy your adventure.

Lakeside

[Mountaineer42]

Entering Canada with a DUI
Another site about crossing the Cdn border with a DUI

[Community Alumni]

A DUI conviction is a felony in Canada, it is not a misdemeanor.

... Eric

[catkins]

Several years ago a friend travelling with her adult daughter- daughter was turned away at the border to Canada due to a DUI on her record. Please be very careful to check out if your son would be allowed entry or not. The refusal at the border came as a rude surprise to my friend.
Hope you find what you need.

[Orion]

Gjac wrote:
DUI is a misdeamer,

A DUI may be a misdemeanour in the US,but as has been said a few times already in this thread, in Canada, Drunk Driving is taken more seriously and is always a felony.