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Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
reply to IamGimli

Re: Super Bowl contest winner denied entry to U.S.

said by IamGimli:

Driving under the influence and impaired driving are not the same thing. One is a misdemeanour, the other a felony.

The phrasing used entirely depends on the individual state's laws. A blanket statement like that generally does not apply.

New York, for example, has neither. They have Driving While Intoxicated as the major charge, and Driving While Ability Impaired for the lessor (.05) charge.

The various provincial HTA charges that may be laid in Canada for various sub-levels of impairment would not show up at the American border the same way a speeding ticket wouldn't.

IamGimli

join:2004-02-28
Canada
kudos:2

said by Gone:

said by IamGimli:

Driving under the influence and impaired driving are not the same thing. One is a misdemeanour, the other a felony.

The phrasing used entirely depends on the individual state's laws. A blanket statement like that generally does not apply.

New York, for example, has neither. They have Driving While Intoxicated as the major charge, and Driving While Ability Impaired for the lessor (.05) charge.

Considering the term came directly from a US Border Patrol site I'll trust their expertise rather than yours. The fact of the matter is that they mentioned "driving under the influence" as a misdemeanor crime that would not automatically prevent someone from being eligible to enter the US. That would be the equivalent of a charge under an HTA or a Criminal Code charge that is pursued as a summary conviction.

The felony charge would be the equivalent of a Criminal Code charge that is pursued as an indictable offense and would generally be enough on it's own to prevent someone from being able to enter the US.

said by Gone:

The various provincial HTA charges that may be laid in Canada for various sub-levels of impairment would not show up at the American border the same way a speeding ticket wouldn't.

Hence why such a charge would not prevent you from being eligible for entry into the US.


FiReSTaRT
Premium
join:2010-02-26
Canada
Reviews:
·Velcom

Unsurprising. The Yanks consider smoking a joint to be a serious crime and you're basically inadmissible for any drug conviction at any point in time. Even if you're squeeky clean and the border guard doesn't like the cut of your jib, they can still deny you entry. I have no issues with that as a country should have the option to refuse entry to anyone. With that being said, I'm not exactly lining up to cross the border and will pay a few extra bucks for flights that don't connect in the US
--
If you have an apple and I have an apple and we exchange these apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas.
—George Bernard Shaw


IamGimli

join:2004-02-28
Canada
kudos:2

said by FiReSTaRT:

Unsurprising. The Yanks consider smoking a joint to be a serious crime and you're basically inadmissible for any drug conviction at any point in time. Even if you're squeeky clean and the border guard doesn't like the cut of your jib, they can still deny you entry. I have no issues with that as a country should have the option to refuse entry to anyone. With that being said, I'm not exactly lining up to cross the border and will pay a few extra bucks for flights that don't connect in the US

Connecting in the US makes no difference. As soon as your flight flies into US airspace you must meet the requirements to be eligible for entry into the US, even though you never see an American border entry point.

Viper359
Premium
join:2006-09-17
Scarborough, ON
Reviews:
·voip.ms
reply to jaberi

I just don't see what the issue is. Its a foreign country, and they are free to do as they please. Canada is no different. We refuse entry to people all the time for things that are minor in nature to other Countries. As much as I think the war on drugs is nothing more than one gigantic waste of money, it would look pretty bad if you let Canadians with convictions in their history of it, but turn away others. The US isn't Canada. People around the world complain about the US non-stop, and look for any reason to claim hate of a specific group or country etc.

I dealt with a great many travelers in my prior job for close to a decade, US citizens who travelled around the world, often, or for a living, where some of the easiest and most pleasant to deal with. As much as we like to think we are different as a culture, Canadians and Americans are almost identical. If you want to see some cultural differences, watch some Europeans and Asian countries where space is limited as a whole. For example, if an elevator says maximum 20 people, there will be 20 people in it!! I think the fact we have such a good relationship in our travels, we forget, we are two separate Countries. I can't count on my hands how many times Canadians arriving at a US entry point have been ushered into the American Citizen line, and walked right through, while the International line was looooong. Speaking of which, why don't we have our own line at our airports for us Canadians returning home! WTF!@!



FiReSTaRT
Premium
join:2010-02-26
Canada
Reviews:
·Velcom
reply to IamGimli

said by IamGimli:

Connecting in the US makes no difference. As soon as your flight flies into US airspace you must meet the requirements to be eligible for entry into the US, even though you never see an American border entry point.

In general, I just want to avoid that country after the hassles I had to go through with the DHS. I really lucked out that a supervisor showed up at some point and straightened out the two slackjawed idiots. There are lots of good people down there, some I'm proud to call friends, but the less I have to deal with the authorities in that country the better.
--
If you have an apple and I have an apple and we exchange these apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas.
—George Bernard Shaw


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
reply to IamGimli

said by IamGimli:

Considering the term came directly from a US Border Patrol site I'll trust their expertise rather than yours. The fact of the matter is that they mentioned "driving under the influence" as a misdemeanor crime that would not automatically prevent someone from being eligible to enter the US. That would be the equivalent of a charge under an HTA or a Criminal Code charge that is pursued as a summary conviction.

Again, this all depends on the particular state you're in, as the United States is not like Canada and does not have federal jurisdiction over criminal law. In New York, *both* charges can be prosecuted as either a misdemeanour or a felony, depending on the circumstances of the charge. The information posted on the CBP website is vague, and if you look closer they make a point of saying - repeatedly - that the information is only for reference and that you need to speak with someone at the CBP directly for more information. Before you make assumptions as to blanket validity of the information contained on that website, you'd be wise to heed that advice.

said by IamGimli:

The felony charge would be the equivalent of a Criminal Code charge that is pursued as an indictable offense and would generally be enough on it's own to prevent someone from being able to enter the US.

In the New York example that you were unaware of, both DWI and DWAI are *both* criminal charges. Both are what we in Canada would call hybrid offences. In either case, both would get you denied entry to Canada and, in the reverse, both could get you denied entry to the United States as well even if they were prosecuted as misdemeanor.

In other words, to go back to what I said earlier - it depends on the individual state.

said by IamGimli:

Hence why such a charge would not prevent you from being eligible for entry into the US.

In Canada, it's not a criminal charge - period. It's a regulatory offense, the same as a speeding or parking ticket. In my New York example, there is no equivalent despite your assertions to the contrary - it's criminal, as either a misdemeanor or felony.


Spike
Premium
join:2008-05-16
Toronto, ON

3 edits
reply to jaberi

You don't even have to be a criminal.

2 years ago my wifes friend while visiting Canada (we wanted to do a little US cross border shopping) was denied entry into the US because he overstayed on his US Visa by *ONE* single day back in.... 1993!

It wasn't even his fault, his flight got delayed to the UK (Delta Airlines). They were told all about this and it was explained in grave detail, yet they threatened to arrest him if he came back without an entry waiver.... The guard was a total jerk.

The most amusing part is the fact that he was allowed entry into the US via direct flights from the UK on several occasions without issue since the 1 day overstay in 1993.... (most recent was 2009)

So even if you think there isn't a problem, expect the unexpected when visiting the US.

The country is nothing more than one big security theatre anymore. After being stuck at the border for 4 hours it put a bad taste in my mouth.
My wife and I were of course allowed entry, but what good was that if her friend couldn't join us? Did they expect us to leave him at the border?



capdjq
Premium
join:2000-11-01
Vancouver

I think it all depends who you get. I've had very rude US Border Officials and very polite ones. I've also had very annoying Canadian Border Guards. Very seldom, if ever, do I purchase anything when I go across, usually to visit friends in Seattle and to see Baseball or NFL Football. Mostly I'm waved through on my return. Occasionally I'm rudely told to pull over and searched. I don't mind being searched but, at least be polite about it.
--
I am a success today because I had a friend who believed in me and I didn't have the heart to let him down.



Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
reply to Spike

said by Spike:

You don't even have to be a criminal.

Yeah, the US are anal about 'immigration violations' even more than they are criminal records. In your friend's particular case, this is something that never should have happened in the first place as there is a policy in place specifically for what happened to him. Despite this, the situation *should* be correctable without a need for multiple single-entry waivers by making either a phone call or, at worst, a visit to a consulate regardless of what the CBP officer said.

Have him give this a read:

»help.cbp.gov/app/answers/detail/···mergency

(the UK and Canada are both Visa waiver countrues and have been for god knows how long, so I don't know why a Visa was an issue in the first place)