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mytyde · May 26, 2009, 04:26 AM

Travelling from my home country of Australia to Canada and then into USA next month. Was convicted of drink driving in Australia about 2.5 years ago. Will this affect me being able to get into USA (or Canada for that matter)??

this8384 · May 26, 2009, 09:02 AM

Nope. Plenty of people are convicted for drunk driving here - my stepkids' mom is seeing a guy who was convicted 4 times for it and he still drives himself to work every day.

DCcityboy · May 26, 2009, 10:21 AM

Possibly, but not likely to be an issue on entry to the US. There are several grounds of inadmissibility that may apply.

this8384 · May 26, 2009, 10:26 AM

Originally Posted by DCcityboy

DCcityboy agrees: respone not related to the primary issue of immigration consequence of conviction.

... what?

JudyKayTee · May 26, 2009, 10:42 AM

Originally Posted by DCcityboy

possibly, but not likely to be an issue on entry to the US. there are several grounds of inadmissibility that may apply.

First, you post "Comments on this post: DCcityboy agrees: respone not related to the primary issue of immigration consequence of conviction" and then you post this non-answer?

The answer is if the conviction is considered a felony in Canada (which DUI/DWI are), even if NOT a felony in the Country were convicted, no, the OP cannot enter Canada. Of course, that presumes - and there is no sure way to know - that the conviction appears on the border crossing computer.

As far as entering the US - I find conflicting answers on line. You would have to check with US Immigration/Naturalization (or Homeland Security).

this8384 · May 26, 2009, 10:48 AM

Originally Posted by JudyKayTee

First, you post "Comments on this post: DCcityboy agrees: respone not related to the primary issue of immigration consequence of conviction" and then you post this non-answer?

The answer is if the conviction is considered a felony in Canada (which DUI/DWI are), even if NOT a felony in the Country were convicted, no, the OP cannot enter Canada. Of course, that presumes - and there is no sure way to know - that the conviction appears on the border crossing computer.

As far as entering the US - I find conflicting answers on line. You would have to check with US Immigration/Naturalization (or Homeland Security).

I stand corrected.

Wow, I didn't realize Canada classified that as a felony -!!

BMI · May 26, 2009, 11:04 AM

You do not require a visa to travel to Canada so the conviction may not turn up unless they have reasons to be more detailed in their background check. This would depend on various factors (Immigration history would be one).

It's a tricky situation, I wouldneveradvise you to "test" it out but I'm not positive they would have it recorded for just a brief visit, especially coming from a visa exempt country.

JudyKayTee · May 26, 2009, 12:28 PM

Originally Posted by BMI

You do not require a visa to travel to Canada so the conviction may not turn up unless they have reasons to be more detailed in their background check. This would depend on various factors (Immigration history would be one).

It's a tricky situation, I wouldneveradvise you to "test" it out but I'm not positive they would have it recorded for just a brief visit, especially coming from a visa exempt country.

I wasn't thinking Visa - doesn't he have to clear Customs/Immigration/Homeland Security?

BMI · May 26, 2009, 01:31 PM

Clear customs yes, however, what I'm saying is that would be all he needs to do being visa exempt. It is probable that his conviction would not be addressed nor available at this stage. If he required a Visa to visit thanit would be more likely that his criminal past would surface.

DCcityboy · May 27, 2009, 08:59 AM

Originally Posted by this8384

...what?

I hit the wrong button for the comment. I meant to disagree. I tried to edit the comment, but couldn't. My bad, I'm a rookie on this site, and not designated an expert. I apologize, I should have posted again right after that to clarify. :o

this8384 · May 27, 2009, 09:32 AM

Originally Posted by DCcityboy

i hit the wrong button for the comment. i meant to disagree. my bad, I'm a rookie on this site, and not designated an expert. i apologize, I should have posted again right after that to clarify. :o

I knew that you meant to disagree. What I'm confused about is your statement. Nothing you posted makes sense.

Everything I've found on "immigration consequence of conviction" has to do with being convicted in the country and the risk of being deported, which certainly isn't the scenario that the OP is asking about. They've already been convicted in their home country. Like others pointed out, this may raise an issue in Canada. I highly doubt it will be an issue here in the US, seeing as we don't do anything to repeat offenders who are here illegally, anyway.

JudyKayTee · May 27, 2009, 01:36 PM

Originally Posted by DCcityboy

i hit the wrong button for the comment. i meant to disagree. my bad, I'm a rookie on this site, and not designated an expert. i apologize, I should have posted again right after that to clarify. :o

I don't even understand your explanation - there are very few experts, by the way.