QUESTION: I found this site through Googgle and you present excellent,
concise answers so well appreciated. I do understand if you do not or can
not answer this. My family and I (we are American)have been visinting
Southern Ontario since I was born (now50). I made the mistake of a life time
and have pending DUI charge from the states. I immediately entered AA and
have started a program to never drink again. Car was parked, not moving, no
other violation. Am I now not admissable in to Canada until trial ? Also,
this was to be a year we thought about buying a small cootage for the
summers; if convicted can I ever buy property in Canada? Thank you for your
time and attention.
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david ingram replies:
Although certainly not a circumstance I want to go through, you are in good
company. President Bush has two DUI charges and is technically ineligible
to come to Canada without going through the same process you will need to go
through if convicted. 20% of American males have been convicted of drunk
driving by age 40 in the USA.
The Premier of British Columbia spent a night in jail in Maui three years
ago and blew over .16 but can still go to the US because the US does NOT
exclude a Canadian for a DUI offence.
In August, 1992, an FBI Agent named Carmacks from Atlanta, Georgia was not
allowed into Canada because of an 8 year old DUI. The strange part here was
that he was coming to Canada at the invitation of the Prime Minister of
Canada as a guest at the 50th anniversary ceremonies of the Alaska Highway
in Carmack, in the Yukon Territory. The Town had been named after his Uncle
George Carmack who along with Skookum Jim Mason, Tagish Charlie and Robert
Henderson, discovered gold on Aug 16, 1896 and started the Alaska Gold Rush.
FBI agent Carmack was turned back at the Vancouver Airport in spite of his
gold engraved personal invitation from Eric Nielsen Acting Prime Minister
of Canada at the time. And speaking of Acting, "Eric" Nielsen is the brother
of "Leslie" Nielsen, the comedic actor.
Unfortunately, FBI Agent Carmack was not informed that he could have applied
"at the airport" (or at a border crossing) for a waiver which can be a
one-time or a "for all time" waiver.
You can as well if convicted.
Go to http://www.cic.gc.ca/english/pdf/kits/forms/IMM5310B.PDF to find out
how much it will cost you.
Go to http://www.cic.gc.ca/english/pdf/kits/guides/5312E.PDF for a Canadian
Government Guide on the subject. Note that "in general", you can not come to
Canada easily until 5 years have passed since the end of any sentence for
the offence (Carmack was okay because "8" years had elapsed). However, page
8 of the Guide shows how to apply BEFORE the five years is up.
The Guide also tells you how to mark your application which you can find
here at http://www.cic.gc.ca/english/pdf/kits/forms/IMM1444E.PDF. You have
to check off the "For Information Only" box on the application if five years
has not elapsed.
If you print out the checklist at
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5507E.PDF
you will have a list of everything you have to submit.
And, if you decide you want someone to help you, only a Canadian lawyer or a
representative of CSIC, the Canadian Society of Immigration Consultants can
assist you before the CBSA (Canadian Border Services Agency) or CIC
(Citizenship and Immigration Canada) If you wish to appoint a
representative, you need form 5476 which you can find here:
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5476E.PDF
Note that in some refugee and sponsored cases, a member of a religious
organization may assist you without being a lawyer or a member of CSIC.
Susan Paulson, who passed away last August 12th was a member of a Lutheran
Refugee organization in North Vancouver, BC where I live.
Last, but not least, You may need to fight the case.
Although I have never met or talked to him, William Head is a lawyer who has
founded a web site devoted to impaired driving offences and has a team of
specialized lawyers in just about every state. He also has information on
the Canadian situation as I understand it. You can look at his information
at http://www.drunkdrivingdefense.com
Good Luck - let me know what happens.
In the meantime, do NOT buy the cottage until you know the outcome.
david ingram
Answers to this and other similar questions can be obtained free on Air
every Sunday morning.
Every Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Dundee Wealth
Management and I, David Ingram host a LIVE talk show called "ITS YOUR
MONEY"
Those outside of the Lower Mainland will be able to listen on the internet
at
www.600AM.com <http://www.600am.com/>
Local calls are taken at (604) 280-0600 and Long Distance calls (BC only)
are taken at 1( 866) 778-0600
Callers to the show are invited to attend free seminars on financial
planning with such specialities as deductible mortgage interest. They are
held at Fred Snyder's Office at 1764 West 7th in Vancouver - (604) 731-8900
for more information.
=========================================
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Res (604) 980-3578 Cell (604) 657-8451
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Email to taxman at centa.com <mailto:taxman at centa.com>
www.centa.com <http://www.centa.com> www.david-ingram.com
<http://www.david-ingram.com/>
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