DUI and crossing the border with a European passport?

[AnnieDan_Artlover]

OK, so my dear boyfriend was arrested for DUI (I KNOW! ... and he knows too. I won't let him forget and we're now both in trouble because of that since I have to drive him around, argh).

So anyways.

I know in Canada it's big trouble crossing borders, especially with the US, because in Canada (and US too?) DUI record is considered criminal.
5 years after the conviction or something like that you can have it wiped clean and it's all good (altough it takes work and money I'm sure), but until then... no US travel or so I'm told.

I think travel to anywhere else is OK, altough I'm kind of worried about coming back home... Has anyone had any problem, as a CANADIAN citizen, going out of the country and coming back with a DUI record? Or has the problem always only been for US citizens coming in Canada?

I'm mostly curious of the fact that my boyfriend has double citizenship and thus has a European passport... could he simply use that passport to get in and out of the country?
Does anyone know?
Could that let us go to the US (and DISNEY!) without worrying about that criminal record?!

It almost seems too easy...There must be a catch.
Altough it would be best, since it's ridiculous that a DUI is a felony. I do agree that it's totaly wrong and as dangerous as many things. But we're the only country in the world applying the logic so it loses all power.
Don't get me wrong, I'm really mad at him.

But I'd be much more mad if he tried to use his European passport and got stuck at the border!

Thanks for helping me out!

 

[photomama]

what happens when they begin to question his residence in Canada? and YOU know they will...

 

[minnie56]

If he has dual citizenship why would they question his residence in Canada?


Would he not require a Visa tho to enter the U.S if he uses the EU Passport for travel? Therein 'might' lie the issue? You could call the U.S Consulate and ask?

 

[photomama]

I thought one of the first things they ask is WHERE do you live?? unless, he's comfortable lying?

 

[minnie56]

Well, it sounds like he lives here? So he can say Canada in all honesty...and travel on an EU Passport? I do think he might require a Visa using it tho

 

[Alderbrook]

My inlaws have dual citizenship but use a Canadian passport (they are from England). When they travel with friends who do not, they have to pull over at the border at go inside to answer questions & fill out forms. They have friends that live in Canada but are from Wales. If he's travelling from Canada to the US with a EU passport he will actually have to pull over at the border & go in from my understanding.

My inlaws said they hate crossing with their british friends that don't have a Canadian Passport. My MIL went shopping in the US (to Grove City) with her British friend from work & said they were at teh border for 2 hours before they finally crossed over.

 

[2gr8DisneyKids]

I would use the Canada passport... Canada does not want you to visit or live in Canada with a DUI unless you are a citizen. If you are a resident with another passport (country) they can ask you to return to your home country. It would even happen to us here as Diplomats.

As far as I know the US is not as picky about the DUI (especially if you can prove he will not be driving, ie. taking ME, monorail, etc.). The US government web site should have a page on visiting with a DUI much like Canada does. I know for Canada you have to ask permission to visit and document where you will be, etc.

I would google "visiting the US with a DUI" and read what come up. That or call you local US Consulate and ask them. If they require paperwork, you might be able to get it done beforehand at the consulate if you are near one.

 

[Alderbrook]

I would use the Canada passport... Canada does not want you to visit or live in Canada with a DUI unless you are a citizen. If you are a resident with another passport (country) they can ask you to return to your home country. It would even happen to us here as Diplomats.

As far as I know the US is not as picky about the DUI (especially if you can prove he will not be driving, ie. taking ME, monorail, etc.). The US government web site should have a page on visiting with a DUI much like Canada does. I know for Canada you have to ask permission to visit and document where you will be, etc.

I would google "visiting the US with a DUI" and read what come up. That or call you local US Consulate and ask them. If they require paperwork, you might be able to get it done beforehand at the consulate if you are near one.

I didn't think you could get a Canadian Passport with having a criminal record? I used to work in the trucking industry (training school) & truck drivers with a criminal record can't get a passport as far as I know & I thought a DUI is considered a criminal offence?

 

[minnie56]

I didn't think you could get a Canadian Passport with having a criminal record? I used to work in the trucking industry (training school) & truck drivers with a criminal record can't get a passport as far as I know & I thought a DUI is considered a criminal offence?

This person is a Canadian Citizen..one can get a record long after they have become a citizen and hold a Passport already.This doesn't revoke the Passport.

 

[minnie56]

They are 'pulled over' because they require a Visa to enter the U.S even if they are residents of Canada with a Permanent Resident card they require it. We just travelled with a friend that has lived here since he was 5..not a Canadian Citizen...has a PR card, born in the U.K. He req'd one. Westjet at the A/P issued it, no problem.

My inlaws have dual citizenship but use a Canadian passport (they are from England). When they travel with friends who do not, they have to pull over at the border at go inside to answer questions & fill out forms. They have friends that live in Canada but are from Wales. If he's travelling from Canada to the US with a EU passport he will actually have to pull over at the border & go in from my understanding.

My inlaws said they hate crossing with their british friends that don't have a Canadian Passport. My MIL went shopping in the US (to Grove City) with her British friend from work & said they were at teh border for 2 hours before they finally crossed over.

 

[Alderbrook]

They are 'pulled over' because they require a Visa to enter the U.S even if they are residents of Canada with a Permanent Resident card they require it. We just travelled with a friend that has lived here since he was 5..not a Canadian Citizen...has a PR card, born in the U.K. He req'd one. Westjet at the A/P issued it, no problem.

My inlaws are never pulled over because of their Canadian Passport, we have travelled to the US with them many times because they have timeshare & not once have we been stopped.

 

[2gr8DisneyKids]

I didn't think you could get a Canadian Passport with having a criminal record? I used to work in the trucking industry (training school) & truck drivers with a criminal record can't get a passport as far as I know & I thought a DUI is considered a criminal offence?

Sorry, misread the first post... thought the dual citizenship meant that he had both passports. Guess not??? If he is a citizen, why no Canadian passport?

A DUI is a criminal offense.

Here is a bit from Canada about visiting and a DUI... not sure about being a resident and returning...

http://www.cic.gc.ca/english/visit/apply-who.asp

Criminal inadmissibility

"If you have committed or been convicted of a criminal offence, you may not be allowed to enter Canada.

Criminal offences include both minor and serious offences, such as theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol. For a complete list of criminal offences in Canada, consult the Canadian Criminal Code."

I am looking for the US info. It looks like IF you can go, it is not guaranteed that you can return.

I think what you really need to do is contact the US embassy/consualte in your province. And maybe an immigration lawyer, if you had one about returning to Canada or the Canadian version of the US Department of State.

 

[Alderbrook]

From what I know, you have to apply for a pardon to get an offence removed from your record. Anyone I've ever known with a criminal offence, even minor, can't cross the border.

 

[minnie56]

I was referring to their friends that do not have a Canadian Passport.They are the reason they are sent in..

My inlaws are never pulled over because of their Canadian Passport, we have travelled to the US with them many times because they have timeshare & not once have we been stopped.

 

[minnie56]

I could be wrong..but the way I read it is that he might well have a Canadian Passport but is trying to distance himself but using the EU Passport to enter the U.S and return to Canada. But I tend to think that they would still have the correlation between the 2. I have an EU Passport as well as a Canadian one. When we got our Nexus cards a few years back and had to show for an Interview with both the Canadian and U.S Officials we took our Canadian Passports not even thinking they would need or even know we also had EU ones. Didn't enter our minds. First question was "Where are your British Passports"???? Soo...I think they all talk and one knows about the other so to speak! Not sure there are too many 'smoke and mirror' tactics available!

Sorry, misread the first post... thought the dual citizenship meant that he had both passports. Guess not??? If he is a citizen, why no Canadian passport?

A DUI is a criminal offense.

Here is a bit from Canada about visiting and a DUI... not sure about being a resident and returning...

http://www.cic.gc.ca/english/visit/apply-who.asp

Criminal inadmissibility

"If you have committed or been convicted of a criminal offence, you may not be allowed to enter Canada.

Criminal offences include both minor and serious offences, such as theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol. For a complete list of criminal offences in Canada, consult the Canadian Criminal Code."

I am looking for the US info. It looks like IF you can go, it is not guaranteed that you can return.

I think what you really need to do is contact the US embassy/consualte in your province. And maybe an immigration lawyer, if you had one about returning to Canada or the Canadian version of the US Department of State.

 

[Alderbrook]

I was referring to their friends that do not have a Canadian Passport.They are the reason they are sent in..

Sorry, I misunderstood you . Yes I know that's the reason, which is why I was saying that even if her BF tried to cross the border with a EU passport, he will have to go in & the DUI will probably be caught there.

 

[minnie56]

Yep...I think so too.

Sorry, I misunderstood you . Yes I know that's the reason, which is why I was saying that even if her BF tried to cross the border with a EU passport, he will have to go in & the DUI will probably be caught there.

 

[irisesareblue]

Ok, the quote about not being able to enter Canada with a criminal record is written for non-Canadians VISITING Canada.

Anyone can get a passport, even with a criminal record. From my understanding (and I deal with inmates at prisons all the time) the only way you cannot get a passport is if you are currently serving a sentence (finishing out time "on the street" after doing prison time, parole, etc.) The glitch is whether or not the country you are entering will allow you to enter the country. There are lots of countries you can visit that don't care about a DUI (England, Cuba, most Caribbean countries) but the US is one of the countries that cares. And the thing here is that you can't lie about it - somehow someway the US border service has access to the criminal records database - and it probably works both ways.

The US is one such country, where, if you have a criminal record in your home country (ie Canada for this fellow as he carries a Canadian passport) you must meet their criteria for entry. For most folks, this means once you have a criminal record, you cannot enter the US unless you fill out a special application and pay an extra fee for clearance. In most cases, they only look at your for this special application after you have served your time, paid your fines and applied for a pardon through Correctional Services Canada.

From my understanding (and I say this kindly) - Don't let him try to get into the US either way - if you're turned back, you're then on their system and they'll hold it in their system for 7 years....statutes of limitations apparently.

Ride it out, have him get the pardon and then apply for the special visa thingy. It's a lot of paperwork but well worth it. It's a lot easier than worrying everytime you cross the border.

Sorry to be a wet blanket - it's a hard pill to swallow for him (and you!)

 

[minnie56]

There ya go, sounds like good info from someone that might just be in the know!

 

[Alderbrook]

Very informative irisesareblue. I thought you couldn't get a passport with a criminal record, but I guess if you have a passport, then get charged with something & then try to cross, it must come up somehow on their system. I know you can't cross in to the US with a record. Wasn't sure how it worked though. We had a ton of students come into our trucking school with criminal records that once they finished school couldn't accept a job that hauled across the border & had to only haul in Canada.