How to Get a Canada Entry Waiver

Americans that have been convicted of driving under the influence of alcohol (DUI) or driving while impaired (DWI) may find themselves denied admittance if they go to Canada. If a person has ever been convicted of a crime in the United States that is possibly a serious offense in Canada, such as DUI or DWI, border agents may not allow the individual to enter unless they have successfully obtained a Canadian entry waiver. Applying for an entry waiver involves petitioning the Canadian Government that you are safe to let in and have an important reason for crossing the border. If the Government believes the benefit of granting an individual entrance outweighs the potential risk, they can approve the person for an entry waiver allowing him or her to cross the Canadian border with a DUI or other criminal record.

If it possible to request an entry waiver for a single visit to Canada, or for multiple entries for as long as three years. The duration requested should always be justified with evidence of a good reason for visiting, however, such as a business trip. An entry waiver for Canada is called a Temporary Resident Permit or TRP, and applying for one is a complex legal procedure that involves a substantial volume of paperwork. Consequently, most people who apply for a Canadian waiver have an important reason for traveling. Otherwise, a person will usually just avoid the country if they are criminally inadmissible and at risk of a border denial. The Canadian consulate takes about 3 to 4 months to process a DUI entry waiver application, so many Americans apply well in advance of their expected travel date. In an emergency, it is possible to bring an expedited Canada waiver application to the border for immediate review on the spot, but this can be rather risky as there is absolutely no guarantee a person will be approved.

Have a criminal history in the USA and need a Canada entry waiver? Contact our team now for a free consultation!

How Do I Know If I Need a Waiver For Canada?

If a US citizen is considered inadmissible to Canada on grounds of criminality, he or she may get turned away by Canada Border Services Agency (CBSA) officers without a valid entry waiver or permanent pardon called Criminal Rehabilitation. People who are unsure whether or not they are considered inadmissible according to Canadian law should consult with a qualified attorney. While a misdemeanor DUI conviction from the United States can be an excludable crime, people with a single misdemeanor for possession of marijuana or disorderly conduct may not need an entry waiver in order to travel to Canada. Most felony convictions can result in a lifetime ban from the country, but those with a single DUI from long ago might be eligible for grandfathered Deemed Rehabilitation and assumed safe if enough time has passed. Admissibility is determined by the seriousness of the equivalent offense north of the border, which is why entry waivers may be required of Americans who plan on entering Canada with a misdemeanor but no felony record.

Canada Entry Waiver vs. Pardon

If all sentencing including any probation was completed more than five years ago, a person should be eligible to apply for Criminal Rehabilitation which is a pardon capable of fixing inadmissibility to Canada forever. This is typically the recommended approach when available to a foreign national, in fact a Canadian entry waiver application can even be rejected if a person is eligible for Rehabilitation but applies for a waiver instead! Consequently, it is common for people to apply for an entrance waiver and a pardon at the same time if they wish to get into Canada asap. In some cases, an entry waiver is the only option for an American with a criminal record. For example, an individual not yet eligible for a Canadian pardon and needing to travel to Canada quickly might have no choice but to request an admissibility waiver. Due to the complexity of the process, many people hire a Canadian TRP attorney to help them apply for an entry waiver.

DUI Entry Waiver vs. Criminal Entry Waiver

Requesting a Canadian entry waiver for a DUI conviction, often referred to as a DUI waiver, is a very similar process to applying for a Canadian waiver for a different kind of conviction. The likelihood of success may vary substantially based on an applicant's criminal history, however, and people with several convictions, or a felony charge, will normally find it harder to get approved for a Canada waiver compared to an applicant with a single misdemeanor. Persons with an extensive criminal record are typically not advised to apply for a travel waiver at the Canadian border, as the rejection of an emergency waiver application usually leads to the visitor getting denied admittance by CBSA. If someone is approved for a DUI waiver, but is then arrested and charged for a new crime, they may once again be inadmissible according to Canadian law.

Questions about obtaining an entry waiver Canada? Our team would be happy to answer them!