Cruise out of Vancouver - anyone actually ever denied entry?

[kbalthaser66]

Well, let this be a lesson out there to everyone that a DUI follows you everwhere and tend to bite you in the bum just when you thought everything was settled. Think twice everyone before picking up your keys after having a couple of beers.

 

Thanks everyone for you advice. Hopefully my BIL will be able to get information from the Canadian immigration office.

[DMorris]

Well, let this be a lesson out there to everyone that a DUI follows you everwhere and tend to bite you in the bum just when you thought everything was settled. Think twice everyone before picking up your keys after having a couple of beers.

 

Thanks everyone for you advice. Hopefully my BIL will be able to get information from the Canadian immigration office.

 

I hope it all works out for you and your BIL for the surprise.

[reallyitsmema]

Well, let this be a lesson out there to everyone that a DUI follows you everwhere and tend to bite you in the bum just when you thought everything was settled. Think twice everyone before picking up your keys after having a couple of beers.

 

Thanks everyone for you advice. Hopefully my BIL will be able to get information from the Canadian immigration office.

I found this link which is a lawyers site who specializes in DUI cases and Canadian travel. I looks like your BIL's DUI might be too recent to get an approval for entrance bases on the immigration law his site quotes.

 

http://www.1800duilaws.com/article/travel_to_canada.asp

 

I hope your whole family is able to be there for the big surprise.

[IandY]

Well, let this be a lesson out there to everyone that a DUI follows you everwhere and tend to bite you in the bum just when you thought everything was settled. Think twice everyone before picking up your keys after having a couple of beers.

 

Thanks everyone for you advice. Hopefully my BIL will be able to get information from the Canadian immigration office.

 

 

Good luck with this.

I hope with enough effort your family can resolve this. I'm sure it's safe to say that this close to your cruise, the last thing anyone wants to be dealing with is this. Hope it works out for the best.

[kbalthaser66]

I found this link which is a lawyers site who specializes in DUI cases and Canadian travel. I looks like your BIL's DUI might be too recent to get an approval for entrance bases on the immigration law his site quotes.

 

http://www.1800duilaws.com/article/travel_to_canada.asp

 

I hope your whole family is able to be there for the big surprise.

 

Thank you so much for this link. At least I have something concrete to send to BIL and he can take it from there.

 

THANK YOU SO MUCH.

[DMorris]

Here is more info for you from the US Travel site... (Dept of State)

 

Anyone with a criminal record (including misdemeanors or Driving While Impaired (DWI) charges may be barred from entering Canada and must obtain a special waiver well in advance of any planned travel. To determine whether you may be inadmissible and how to overcome this finding , refer to the Canadian citizenship and immigration web site.

 

Forfurther information on entry requirements , travelers may contact the Canadian Embassy at 501 Pennsylvania Avenue NW, Washington DC 20001, tel. (202) 682-1740; or the Canadian consulates in Atlanta, Boston, Buffalo, Chicago, Dallas, Detroit, Los Angeles, Miami, Minneapolis, New York, San Juan or Seattle.

 

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1082.html

 

http://www.cic.gc.ca/english/information/applications/guides/5312E.asp

Edited June 11, 2009 by DMorris

[xpcdoojk]

Why not just say nothing and see what happens? If you get denied boarding call a lawyer or something like others have said.

 

Whoa... I know you are young, but seriously, whoa...:D

 

jc

[zephyr17]

Just one note, Canadian Immigration does have direct access to US national criminal databases and they routinely check. The DUI record will almost certainly be available to them, and they will see it.

[Putterdude]

This is a very hard question to answer as the decision to enter is left to the discretion of the customs officer. Even with the US Direct program a list of pax is now given to Canadian Border Services (customs) and they do reserve the right to refuse entry. If stoped there is a temporary entry permit that they may offer him at a cost of $200 which will be good on this one occasion only. However there is the possibility that he will get by and also if DUI in your state is not a felony then that it wont be on his record either. If the offence had occured 5 to 10 years ago this would not likely be an issue but at 3.5 .... well it may be. By all means contact the closest Canadian counsulate office or and immigration lawyer.

[nosmothj]

If someone in Canada has been charged with a crime but all charges have been withdrawn can they be denied entry to USA?

[cruisenfever]

Kristin, I am posting this here and on your other thread about US Direct. I emailed our friend in Vancouver, but unfortunately she is in California helping her daughter move. She did reply and gave me permission to copy and paste here. So this is what she says..............

 

 

I would say he will not be doing Canada Direct with a DUI he can even be denied entry. Or pay a fine....

 

They have to submit all the stuff for US Direct and any red flag, they come down to enter the normal way with the line ups and then they go on to Immigration and that can be a long line up too. Can take hours to get out of there if allowed entry.

 

So, as he is coming in the day of sailing, it better be super early to arrive......

 

DUI or any charges are very serious stuff in Canada.

He may have to even pay to enter, so she better talk to Canada Customs and Immigration.....could be problems.

I would bet for sure he is not allowed US Direct.

 

Contact the authorities and see what he has to do. No surprise for him I think, he may have to know ahead of time on this

Edited June 11, 2009 by cruisenfever

[misika]

My DH travels quite a bit for business, usually domestically or to Asia or Europe, but he has been to Canada twice in the past year.

 

Many years ago, he and a buddy got in a bar fight with 2 other guys because his buddy made a not so nice comment about the girl on one of the other guy's arm.

 

Long story short, they and the two guys that they fought with got hauled to the clinker. The charges were reduced and they both plead guilty to a misdemeanor battery charge, with the understanding that after 10 years it would 'fall off' his record as long as he didn't get into any more trouble. (Probably not the best advice his very expensive lawyer suggested - but thats another story). Thats the price of doing something stupid when you are young.

 

So, now, he is a well respected businessman and needs to travel for his job. And this experience follows him...

 

He has flown into Canada before and has never been given a hard time But just a few weeks ago, he flew into upper NY and drove with another colleague to visit a client in Canada. I seem to remember a few years back him doing one other driving trip up there and I seem to remember him mentioning they questioned him about it, but didnt deny him entrance.

 

They stopped him at Customs and asked him about the charge (and they had the details!). He said, that "should have been expunged from my record several years ago?" Long story short, he told the agent the whole story, and she let him through but told him before he comes back again he better go to the court house and get it straightened out.

 

So, he feels that they don't screen as closely when you fly across the border as when you drive across.

 

Anyway, take that for what its worth... but you have already booked, and you have a large group... see what the Canadian authorities say and if they say no - if it is early enough that you can get BIL's money back, then let him cancel and he misses the trip. If you are going to lose the money either way (if he is denied boarding), then have him give it a whirl. He may get a sympathetic agent and get through.

[kbalthaser66]

Good Morning everyone – thank you for all of your advice of the last 24 hours. BIL finally got a hold of Canadian Immigration and explained the situation. They basically said that sine his DUI was only 3.5 years ago he would automatically be denied entry, however, they did tell him that he could apply for a Temporary Resident Permit. Unfortunately this takes about 90 days and there is no guarantee. He was actually told that since the trip is in 2 weeks he could fill out all of the paperwork and get together everything that is required (long list of items – 2 recent photos passport size – all of his court records, etc…..) and the agent that he meets with when going thru immigration he could then explain to that agent that he was only recently made aware of the DWI policy and explain the situation that this is for a surprise 50th Wedding anniversary for his parents – show the agent all of the completed paperwork and POSSIBLY the agent will process the temporary resident permit for a fee of $200 or so.

My thoughts on this is that the Canadian government is willing to make exceptions based on each individual and for that I am grateful and they actually appreciated the fact that he called them and explained the situation and asked what he could do to be able to board this ship. I think they don’t appreciate people lying and trying to get on over on them – honesty is the best policy and it sounds to me after speaking with the BIL – that the Canadian immigration department appreciated his call and not just trying to scam the system by trying to sneak across the boarder. It does sound like you really cannot get around the process now that passports are mandatory. So, with this said it sounds like there is a 50 – 50 shot that he will be allowed. Now he gets to gather everything necessary for the temporary resident permit and hope for an understanding officer that will allow him to board the ship. The trip is 100% non-refundable so at this point BIL is going to try to get in. Worst case scenario he flies to Vancouver and they say no. He will then have to purchase a ticket to fly back home but at least he will have given it a shot.

My advice to everyone in a similar situation – call Canada and explain your situation and hopefully things will work out well.

[DMorris]

Thank you for the update... appreciate you sharing your situation. I hope it all works out for you guys.

[nosmothj]

Let us know how it works out.

[ccletzgo]

Using that it sounds like you still have to clear customs and immigration, so the US Direct Program isn't likely to help in this case.

 

 

Yes, that is correct. You do still go through customs. NOBODY gets by without going through customs. This is just service that streamlines the process for cruisers.

[SomeBeach]

Good Morning everyone – thank you for all of your advice of the last 24 hours. BIL finally got a hold of Canadian Immigration and explained the situation. They basically said that sine his DUI was only 3.5 years ago he would automatically be denied entry, however, they did tell him that he could apply for a Temporary Resident Permit. Unfortunately this takes about 90 days and there is no guarantee. He was actually told that since the trip is in 2 weeks he could fill out all of the paperwork and get together everything that is required (long list of items – 2 recent photos passport size – all of his court records, etc…..) and the agent that he meets with when going thru immigration he could then explain to that agent that he was only recently made aware of the DWI policy and explain the situation that this is for a surprise 50th Wedding anniversary for his parents – show the agent all of the completed paperwork and POSSIBLY the agent will process the temporary resident permit for a fee of $200 or so.

 

My thoughts on this is that the Canadian government is willing to make exceptions based on each individual and for that I am grateful and they actually appreciated the fact that he called them and explained the situation and asked what he could do to be able to board this ship. I think they don’t appreciate people lying and trying to get on over on them – honesty is the best policy and it sounds to me after speaking with the BIL – that the Canadian immigration department appreciated his call and not just trying to scam the system by trying to sneak across the boarder. It does sound like you really cannot get around the process now that passports are mandatory. So, with this said it sounds like there is a 50 – 50 shot that he will be allowed. Now he gets to gather everything necessary for the temporary resident permit and hope for an understanding officer that will allow him to board the ship. The trip is 100% non-refundable so at this point BIL is going to try to get in. Worst case scenario he flies to Vancouver and they say no. He will then have to purchase a ticket to fly back home but at least he will have given it a shot.

 

My advice to everyone in a similar situation – call Canada and explain your situation and hopefully things will work out well.

 

Sounds like your BIL was very polite and clear in explaining his situation. If he presents himself the same way I'm hoping they will let him pass with the $200 charge.

Good luck.

[centurycruiser]

How times change.

 

A couple of years ago we flew into Seattle, rented a car and drove to Vancouver for a NB Alaska cruise.

 

When we pulled up to the immigration booth, the officer asked "what are you doing in Canada?"

I said "we're cruising out of Vancouver."

He said, "Just the two of you?"

I said, "yes."

He said, "Are you carrying any firearms."

I said, "No."

He said, "Go ahead."

 

Probably took less than 1 minute.

 

I don't know how things are now or how they will be after June 1.

 

Good Luck and report back after the cruise.

[ladysail2]

If someone in Canada has been charged with a crime but all charges have been withdrawn can they be denied entry to USA?

 

If all charges are withdrawn, then there is no conviction, so I don't see why entry would be denied.

I thought all entry denials are based on convictions....maybe phone the US consulate and ask them!

[LoneStarJeffe]

There are no absolutes that will guarentee you be allowed entry into any other country. There are only factors that can change your risk of denied entry from being very low to being very high. Some factors you cannot control such as a conviction in your past which cannot be undone. Some factors you can control and should. Here are some tips everybody can do to help themselves:

 

• Have correct documentation
  
• Insure your name matches as much possible across all documentation
  
• Follow instructions. Wait behind the line until called.
  
• Don't lie when asked a question. Don't give more information than asked.
  
• If you have high risk factors such as a conviction, know in advance how you will answer if asked. Be prepared with additional documentation to support your answer.
  
• Look the agent in the eye when answering.
  
• Accept you have no "right" to demand entry - you are requesting permission. Act accordingly. The person you are dealing with can say no for any reason. Your goal is to not give that person ANY additional reason (beyond the factors you cannot control) to deny you entry.
  

[BobBeaSea]

If all charges are withdrawn, then there is no conviction, so I don't see why entry would be denied.

I thought all entry denials are based on convictions....maybe phone the US consulate and ask them!

 

Even if there is no conviction, you can still be denied entry into the U.S., assuming the arrest details are in U.S. Customs computers, which it most likely is. It also depends on the nature of the crime. Drug related charges (not convictions) are a virtual lock to be denied entry. It also depends on the screening at the border - maybe they will let you enter, maybe not.

 

The remedy in all cases is with the other nation's authorities. Pardons issued at home will do nothing if the information is already in the hands of border officials of both countries. Your remedy lies with the authorities of the nation you wish to enter.

 

I've always though it a bit unfair that Canada denies entry to those charged/convicted of DUI (no accidents, deaths or people hurt) however it is a significant crime in Canada, while simple DUI is a misdemeanor in the U.S. and consequently not on the list of crimes denying entry to the U.S.

[As the ship sails]

Good luck to your BIL.:) Since your BIL is not spending any time in Vancouver and his cruise ends in the US then he may get the decision that he is hoping for and be allowed to cruise. I have a friend that had a 20 year old DUI conviction in the US and was denied entry into Canada. However he was visiting Canada and not cruising. I think that you are right in not trying to hide his conviction as he would certainly be denied entry if he was caught lying about his conviction. Sometimes the officials ask if there is any reason that you would not be allowed to enter the Country and sometimes not. However its a tough decision to make to disclose information not asked for that could affect his admission into Canada. GOOD LUCK.......and hopefully the words he'll hear are Happy Cruising!!!;)

[CruiseWherever]

Good Morning everyone – thank you for all of your advice of the last 24 hours. BIL finally got a hold of Canadian Immigration and explained the situation. They basically said that sine his DUI was only 3.5 years ago he would automatically be denied entry, however, they did tell him that he could apply for a Temporary Resident Permit. Unfortunately this takes about 90 days and there is no guarantee. He was actually told that since the trip is in 2 weeks he could fill out all of the paperwork and get together everything that is required (long list of items – 2 recent photos passport size – all of his court records, etc…..) and the agent that he meets with when going thru immigration he could then explain to that agent that he was only recently made aware of the DWI policy and explain the situation that this is for a surprise 50th Wedding anniversary for his parents – show the agent all of the completed paperwork and POSSIBLY the agent will process the temporary resident permit for a fee of $200 or so.

 

My thoughts on this is that the Canadian government is willing to make exceptions based on each individual and for that I am grateful and they actually appreciated the fact that he called them and explained the situation and asked what he could do to be able to board this ship. I think they don’t appreciate people lying and trying to get on over on them – honesty is the best policy and it sounds to me after speaking with the BIL – that the Canadian immigration department appreciated his call and not just trying to scam the system by trying to sneak across the boarder. It does sound like you really cannot get around the process now that passports are mandatory. So, with this said it sounds like there is a 50 – 50 shot that he will be allowed. Now he gets to gather everything necessary for the temporary resident permit and hope for an understanding officer that will allow him to board the ship. The trip is 100% non-refundable so at this point BIL is going to try to get in. Worst case scenario he flies to Vancouver and they say no. He will then have to purchase a ticket to fly back home but at least he will have given it a shot.

 

My advice to everyone in a similar situation – call Canada and explain your situation and hopefully things will work out well.

 

I will still do what your BIL going to do but one day early and fly into Seattle than drvie to Vancouver stay over night, and if they will not let him in at least he can fly from SEA to catch up with the ship in Alaska.

[6rugrats]

I will still do what your BIL going to do but one day early and fly into Seattle than drvie to Vancouver stay over night, and if they will not let him in at least he can fly from SEA to catch up with the ship in Alaska.

 

He wouldn't be able to stay overnight in Vancouver if they won't allow him to enter the country.

Edited June 14, 2009 by 6rugrats

[unklez]

Let us know how it goes. Hope he gets a sympathetic Canadian immigration fellow.