DUI and entrance into Canada confusion...

Hello,

I have read the few threads on this subject but I have a tricky question about my mom's DUI and entrance into Canada in May 2011 for an Alaska cruise.

She had a DUI in the summer of 2004. She was placed on 2 years probation in California, which she completed and has had no other problems. We are planning a large family cruise out of YVR in May and so we went to the Canadian website to make the application to get a temporary entry permission for her.

She then contacted some lawyer who specializes in this who said she may be denied because it's not 5 years from the DUI itself but 5 years from the END/completion of her probation that she could gain entrance. If she paid $2000, the lawyer would fill out the paperwork and "see" what happens.

I am wondering if anyone knows more about this. My mom doesn't want to pay $2000 if it is guaranteed to be denied. It's expensive and time consuming of a process so I am trying to figure out whether we should just give up on this cruise with them.

They are pressuring us to change the cruise to a RT Seattle, which we don't want since last time we did that cruise we all got really seasick from the rough seas of the open ocean.

Any help would be appreciated!

Katherine

See http://www.cic.gc.ca/english/visit/conviction.asp

It is usually 10 years from the end of the probation period, not 5.

You don't need a lawyer, you can get the forms online and apply yourself, but it can take a year and many people are denied. Having a lawyer do the forms is a waste of money. The form is on this page... http://www.cic.gc.ca/english/information/applications/rehabil.asp

If you are doing US Direct it's not necessary, since you don't enter Canadian territory. But if you have a stop in Canada you may be denied entry for that stop.

Hello,

 

I have read the few threads on this subject but I have a tricky question about my mom's DUI and entrance into Canada in May 2011 for an Alaska cruise.

 

She had a DUI in the summer of 2004. She was placed on 2 years probation in California, which she completed and has had no other problems. We are planning a large family cruise out of YVR in May and so we went to the Canadian website to make the application to get a temporary entry permission for her.

 

She then contacted some lawyer who specializes in this who said she may be denied because it's not 5 years from the DUI itself but 5 years from the END/completion of her probation that she could gain entrance. If she paid $2000, the lawyer would fill out the paperwork and "see" what happens.

 

I am wondering if anyone knows more about this. My mom doesn't want to pay $2000 if it is guaranteed to be denied. It's expensive and time consuming of a process so I am trying to figure out whether we should just give up on this cruise with them.

 

They are pressuring us to change the cruise to a RT Seattle, which we don't want since last time we did that cruise we all got really seasick from the rough seas of the open ocean.

 

Any help would be appreciated!

 

Katherine

Contact your nearest Canadian Consulate; they're the only ones that can give you an answer without paying a huge middleman fee

http://www.canadainternational.gc.ca/can-am/offices-bureaux/index.aspx

 

If you are doing US Direct it's not necessary, since you don't enter Canadian territory. But if you have a stop in Canada you may be denied entry for that stop.

What's US Direct? Is that the program where you fly into YVR and then take the cruiseship's bus without any layover to get to the ship? That is what we are planning on doing. But nonetheless, my mom has to fly into Vancouver (or fly into Seattle and take the Princess bus up to the Vancouver terminal).

Katherine

See http://www.cic.gc.ca/english/visit/conviction.asp

 

It is usually 10 years from the end of the probation period, not 5.

 

You don't need a lawyer, you can get the forms online and apply yourself, but it can take a year and many people are denied. Having a lawyer do the forms is a waste of money. The form is on this page... http://www.cic.gc.ca/english/information/applications/rehabil.asp

 

If you are doing US Direct it's not necessary, since you don't enter Canadian territory. But if you have a stop in Canada you may be denied entry for that stop.

It appears to be 5 years from completion of the probation. However, the application process can take up to 1 year to complete and can't begin until the 5 years are up.

http://www.cic.gc.ca/english/visit/f...lity.asp#note2

Excellent article on Trip Advisor http://www.tripadvisor.com/Travel-g1...nvictions.html

Unless you can be assured that US Direct bypasses Canadian Immigration in both directions, you better wait. Another problem is that Seattle cruises usually make 1 stop in Canada. We had an extensive discussion this summer on that subject. The person involved wasn't interviewed by anyone during his stopover in Prince Rupert and had no problems http://boards.cruisecritic.com/showp...62&postcount=1

'As promised, heres an update:

First off, thanks all for responding / helping.

I was able to get down in Canada. Only our onboard ship ID card were checked before we exit the ship. CBP did not check anyone's passport, name or any record at the port of entry. And if they did, it must be prior to us even getting there and I was probably all_clear from their standpoint.'

What's US Direct? Is that the program where you fly into YVR and then take the cruiseship's bus without any layover to get to the ship? That is what we are planning on doing. But nonetheless, my mom has to fly into Vancouver (or fly into Seattle and take the Princess bus up to the Vancouver terminal).

 

Katherine

This is the best description I could find. Essentially you have to sign up for it with your cruise line and use their transportation. You then travel "in bond" from the airport to the ship. Northbound it's called "US Direct" Southbound it appears to be called "on board check in" Not all airlines or cruise lines participate and not all employees are up to speed about it.

http://www.portmetrovancouver.com/about/cruiseandtourism/usdirectprocess.aspx

While the US Direct program has been adequately explained above, Canadian customs do review the participants in advance and your mom could be denied access to the program. I would be contacting your closest Canadian Consulate, explaining the situation to them and getting the appropriate documents to fill out on your own.

You will get conflicting advice, but the one thing I can tell you is DON'T pay the lawyer. They have no more power than you do.

Viv

You will get conflicting advice, but the one thing I can tell you is DON'T pay the lawyer. They have no more power than you do.

 

Viv

My opinion is that this is how your conversation with canada border services at the airport will go. Border Guy (or Gal) . " Hello, How long are you going to be in canada? " Reply " I'm taking the Princess Bus to the cruise terminal for an Alaska Cruise" Border Guy (or gal) "Have a nice cruise"

Seriously they have their hands full looking for cocaine, guns and illegal immigrants. They won't check your name against a list of 5 year old DUIs. They won't ask if you have a criminal record. Have a nice cruise.

My opinion is that this is how your conversation with canada border services at the airport will go. Border Guy (or Gal) . " Hello, How long are you going to be in canada? " Reply " I'm taking the Princess Bus to the cruise terminal for an Alaska Cruise" Border Guy (or gal) "Have a nice cruise"

 

 

Seriously they have their hands full looking for cocaine, guns and illegal immigrants. They won't check your name against a list of 5 year old DUIs. They won't ask if you have a criminal record. Have a nice cruise.

Thanks. I hope that is what will happen. Do you have to get off the bus when you do the Princess transfer from Seattle to the Vancouver terminal? Or do they just board the bus and come say hi?

I told her to forget the lawyer! Thanks for that great advice! She'll also get trip insurance so if she does get turned away, it will be fine although disappointing. Kath

Thanks. I hope that is what will happen. Do you have to get off the bus when you do the Princess transfer from Seattle to the Vancouver terminal? Or do they just board the bus and come say hi?

 

I told her to forget the lawyer! Thanks for that great advice! She'll also get trip insurance so if she does get turned away, it will be fine although disappointing. Kath

I would fly into vancouver. That's the only way to use US Direct. if you take the bus from Seattle you go through the regular Border station. I haven't done it so don't know if you would have to get off the bus or not.

My opinion is that this is how your conversation with canada border services at the airport will go. Border Guy (or Gal) . " Hello, How long are you going to be in canada? " Reply " I'm taking the Princess Bus to the cruise terminal for an Alaska Cruise" Border Guy (or gal) "Have a nice cruise"

 

 

Seriously they have their hands full looking for cocaine, guns and illegal immigrants. They won't check your name against a list of 5 year old DUIs. They won't ask if you have a criminal record. Have a nice cruise.

A friend is a TA and booked a bunch of people on a shuttle between Vancouver and Seattle this summer. Now, at least for this specific shuttle company, the passport number had to be provided when the reservation was made. So the Canadian authorities have the capability of running background checks.

I have been asked about my criminal history at customs/immigrations after getting off the airport in Vancouver.

I personally think RT Seattle is the safest route.

``They won't ask if you have a criminal record.``

That advice is a pile of manure if you ask me - but in case you are right they might try this question instead - have you ever been fingerprinted - that has been asked of me - thought it was a sneaky way to ask the question especially since many people`s prints are on file for employment or other legal reasons

Cheers

Dennis

My opinion is that this is how your conversation with canada border services at the airport will go. Border Guy (or Gal) . " Hello, How long are you going to be in canada? " Reply " I'm taking the Princess Bus to the cruise terminal for an Alaska Cruise" Border Guy (or gal) "Have a nice cruise"

 

 

Seriously they have their hands full looking for cocaine, guns and illegal immigrants. They won't check your name against a list of 5 year old DUIs. They won't ask if you have a criminal record. Have a nice cruise.

Sorry, I must disagree with this answer....if they scan your passport at the border and they may well do that even on a bus, a criminal record will show up. Now it is at the discretion of the customs officer who he/she admits. Up until recently 5 years tended to be the point where they tended to overlook an offense now it seems to be 10 years and there was a post recently where a person was refused entry into Canada with a DUI that was much older than 10 years. To be 100% sure on this matter you really need to get in touch with the closest Canadian Consulate office and complete the documents...otherwise you should be considering sailing from Seattle.

Here is a link for your reference. http://www.cic.gc.ca/english/information/applications/guides/5312E3.asp

I would caution you to be very careful with handling this situation. I travel to Canada frequently and recently have had more and more questions asked of me. Last year the customs officer asked what I did for a living and exactly where I worked. He obviously was looking up my employment because he commented on the picture of me on my work's website. This past summer I crossed the border a number of times to care for my elderly father. I was asked questions such as, "Have you ever been denied entry into Canada?" and "Is there any reason why you should be denied entry into Canada?" I had never been asked this type of question during prior trips.

I would caution you to be very careful with handling this situation. I travel to Canada frequently and recently have had more and more questions asked of me. Last year the customs officer asked what I did for a living and exactly where I worked. He obviously was looking up my employment because he commented on the picture of me on my work's website. This past summer I crossed the border a number of times to care for my elderly father. I was asked questions such as, "Have you ever been denied entry into Canada?" and "Is there any reason why you should be denied entry into Canada?" I had never been asked this type of question during prior trips.

They are getting really tough at the land crossings and I would assume nothing. We go over a lot. My mom goes over with seniors' groups and they recently asked every single one of them (about 20 on a small bus) whether any of their children had drug records. The people were 70-90 and that really scared them, because most of them really could not be certain.

I've been given grief for having no US $$ on me when I've said I'm going shopping, even though I can tell them exactly what ATM I'll be hitting south of the border.

Two weeks ago I went to Seattle through Peace Arch, south of Vancouver, to meet a friend from Houston who was there on business. They GRILLED me about how I knew her. Fortunately I had her cell phone number and said they were free to call her. That seemed good enough. They must have been doing training sessions because at least half the cars were pulled out of line to go inside.

Viv

It does seem a bit petty to deny the lady a visit to Canada over some thing that happened 6 years ago. It isn't like she plans to drive anyway.

This reminds me of the book Les Miserables...Jean Valljean stole a loaf of bread and was punished for it forever.

Yes, I understand how serious DUI's are, but after punishment is imposed, redemption should be made possible.

She'll also get trip insurance so if she does get turned away, it will be fine although disappointing. Kath

I don't believe most travel insurance policies will cover this. You need to read them carefully.

IMO, you've received some bad and some good advice. No one can predict accurately what will happen with your mom. Agree with those that suggest you ditch the attorney and consult the Canadian Consulate.

I don't believe most travel insurance policies will cover this. You need to read them carefully.

 

IMO, you've received some bad and some good advice. No one can predict accurately what will happen with your mom. Agree with those that suggest you ditch the attorney and consult the Canadian Consulate.

Thanks. I have been talking with the border crossing people on the phone and they seem to think it will not be a problem BUT if we want a guarantee, they said she needs to apply for the entrance visa ASAP since it's a 6 month process.

The lady said that in her 17 years of experience she's never seen a situation like this get turned away. Worse case scenario is the $200 fine at the border. That's good to hear. Now I just need to know what sort of guarantee my mom wants... if she wants all this in writing, I believe the lady said it's $795 to apply for the entry visa.

Katherine

It does seem a bit petty to deny the lady a visit to Canada over some thing that happened 6 years ago. It isn't like she plans to drive anyway.

This reminds me of the book Les Miserables...Jean Valljean stole a loaf of bread and was punished for it forever.

Yes, I understand how serious DUI's are, but after punishment is imposed, redemption should be made possible.

Again I'd like to remind everyone that Canada is MUCH more lenient than the US if the situation is reversed. Before you start calling Canada 'petty'; you might want to consider what the USA does.

Again I'd like to remind everyone that Canada is MUCH more lenient than the US if the situation is reversed. Before you start calling Canada 'petty'; you might want to consider what the USA does.

True, although I too find it crazy that she has had 1 DUI 6 1/2 years ago with no history before or after, she's 67, she just wants to get on a ship without doing ANYTHING else in Canada and I am spending HOURS just trying to sort this out and then paying hundreds and thousands of dollars to get her into the country. There really should be a more reasonable way...

Just saying.

Katherine

Again I'd like to remind everyone that Canada is MUCH more lenient than the US if the situation is reversed. Before you start calling Canada 'petty'; you might want to consider what the USA does.

Oh no no ! I'm not accusing Canada of being petty, I saying certain **travel rules** are petty. Crossing the border goes both ways !! I know that. I went to Canada last year...loved it. I went this year...loved it. And I'm on schedule to visit our Northern neighbors next year as well. US border guards are just as strict.

I know this would happen....getting misunderstood !!

Also just in case some one gets offended, I'm in no way condoning drunk driving. It is a crime and rightfully so. People who break the law deserve to be caught.

in this case, the lady has been disciplined and appears to be traveling by ship & possible bus.

If she doesn't drive...I don't see the connection.

Thanks. I have been talking with the border crossing people on the phone and they seem to think it will not be a problem BUT if we want a guarantee, they said she needs to apply for the entrance visa ASAP since it's a 6 month process.

 

The lady said that in her 17 years of experience she's never seen a situation like this get turned away. Worse case scenario is the $200 fine at the border. That's good to hear. Now I just need to know what sort of guarantee my mom wants... if she wants all this in writing, I believe the lady said it's $795 to apply for the entry visa.

 

Katherine

Kind of reinforces what I said earlier. I wouldn't spend any more money. i wouldn't raise any flags at the Canadian consulate in the US. When the Canadian border people scan your Mom's US passport it isn't going to show an old DUI. Take the princess transfer to the cruise terminal. Have a great cruise.

It does seem a bit petty to deny the lady a visit to Canada over some thing that happened 6 years ago. It isn't like she plans to drive anyway.

This reminds me of the book Les Miserables...Jean Valljean stole a loaf of bread and was punished for it forever.

Yes, I understand how serious DUI's are, but after punishment is imposed, redemption should be made possible.

In Canada a DUI conviction is a criminal offense. The US denies entrance to Canadians who have a criminal conviction as well. It works both ways.

You have to wait five years to apply for re-entry to the US as well.

In Canada a DUI conviction is a criminal offense. The US denies entrance to Canadians who have a criminal conviction as well. It works both ways.

You have to wait five years to apply for re-entry to the US as well.

sure, I understand that.