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resa1983
Premium Member
join:2008-03-10
North York, ON

resa1983 to Xstar_Lumini

Premium Member

to Xstar_Lumini

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

said by Xstar_Lumini:

I see all these flyers at TTC bus stops about U.S. waivers/pardons for $500, but that's bullcrap the price you pay is around $1,800 to $3,000, you need a lawyer. My coworker was charged with drunk driving in 2007 and has a criminal record, he cannot enter the USA or get a canadian passport at that. That's what he's going to pay to get the pardon, around $3,000 for his lawyer.

Pardons can be done without a lawyer, for MUCH cheaper than 3k, and as long as you follow the instructions properly it'll be done in the same time period as if you went with a lawyer.

As for entering the US - its up to the border guard, but if all it was was a DUI, they can let you in as the US gov doesn't consider that 'serious' (go figure).
quote:
At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S., although if there are multiple convictions and or other misdemeanors, you could be denied entry.
»help.cbp.gov/app/answers ··· ,-waiver

Gone
Premium Member
join:2011-01-24
Fort Erie, ON

Gone

Premium Member

Go figure, as impaired driving is one of the things that the CBSA won't screw around with and will typically disqualify you on the spot.
IamGimli (banned)
join:2004-02-28
Canada

IamGimli (banned) to resa1983

Member

to resa1983
said by resa1983:

As for entering the US - its up to the border guard, but if all it was was a DUI, they can let you in as the US gov doesn't consider that 'serious' (go figure).

quote:
At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S., although if there are multiple convictions and or other misdemeanors, you could be denied entry.
»help.cbp.gov/app/answers ··· ,-waiver

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

It's the same difference between an impaired driving charge under a provincial highway traffic act (at .03 or .05 BAC) or an impaired driving charge under the Criminal Code (at .08 BAC).

A criminal charge of impaired driving can certainly disqualify someone from being able to enter the US, especially if it was pursued as an indictable offense instead of a summary offense.

Gone
Premium Member
join:2011-01-24
Fort Erie, ON

Gone

Premium Member

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 (banned)
join:2004-02-28
Canada

IamGimli (banned)

Member

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 Member
join:2010-02-26
Canada

FiReSTaRT

Premium Member

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
IamGimli (banned)
join:2004-02-28
Canada

IamGimli (banned)

Member

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.

FiReSTaRT
Premium Member
join:2010-02-26
Canada

FiReSTaRT

Premium Member

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.

Gone
Premium Member
join:2011-01-24
Fort Erie, ON

Gone to IamGimli

Premium Member

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.