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An interesting article about more folks getting turned away at the Canadian Boarder


bepsf

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I will be contacting the Washington DC Canadian Embassy later today to check on a few things and will report back. Having had a few indiscretions in my 20s (20-30 years ago), including 2 DUIs, I think questions regarding my profile should shed some light on this issue.

 

Have you heard anything yet? I had one DUI in 1983, with nothing since. But I certainly don't want to drive up to Canada to see friends of ours and get stopped at the border and have to turn around and go back home.

 

Cheers,

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According to the Border Security Agency's web-site, a DUI more than 10 years ago WILL NOT pose a problem. You need not have a certificate or any documentation. I think they presume your lack of convictions in the mean-time prove that you learned from the conviction.

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In the CIC FAQ it states:

 

In 1989, I was convicted of driving while impaired in the United States. I did not serve any time in prison and I have had no other convictions. Will I be allowed to enter Canada? Based on your circumstances, it is possible that you would be found by an immigration officer to be rehabilitated under a system called deemed rehabilitation. Deemed rehabilitation applies to people who have one previous conviction dating back more than 10 years. If an immigration officer finds that you are deemed rehabilitated, it is likely that you will be allowed to enter Canada as long as all other requirements are also met.

 

 

It also states:

 

How can I find out whether an offence committed outside Canada is considered a criminal offence in Canada? This is a very difficult and complex task. It involves comparing the elements of Canadian law with those of the foreign jurisdiction. It is recommended that you fill out the application for rehabilitation and check off the box “for information only.” A visa officer will review the details of your case and assess if you are criminally inadmissible. There is no fee for this type of application.

You may also review the Canadian Criminal Code to find an equivalent of a foreign offence in Canadian law.

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What's the URL for that? Is this the one?

 

http://www.cbsa-asfc.gc.ca/

 

Our government works a little differently than the US government. The people at the front end, when you meet at the border are part of Border Security, which is the website that you listed. But it basically breaks down to three different departments after that. Since you are asking for entry, it therefore is the responsibility of the CIC, Citizenship and Immigration Canada. So, the person from CBSA makes a decision based on CIC rules and if he cant, he passes you to someone from the CIC who is in the second level.

 

If it involved taxes, you would be sent off to Canada Revenue.

 

The CBSA reports to the PSEPC (Public Safety and Emergency Preparedness Canada).

 

Welcome to acronym hell. If you think that is bad, they have a whole slew of them including NEXUS, CANPASS, FAST, MIO and the NRAC. Not to mention the ACI and the CSI.

 

Of the 94.9 million visits processed, they refused entry to 94,024 people. In other words under 0.1%. Want that in other words.... 1 in 1000.

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The CICs website is saying is that if you have ONE blemish and it's been well over 10 years, the border guard is empowered to forgive it on the spot, no charge. But it is his jurisdiction and his decision. It also clearly says that you can fill out the form and ask for it to be for informational purposes only (and therefore FREE) and get a reply telling you if you need to apply to have your record clear in Canada.

 

If it's under the 10 years or over one blemish, you definitely need to apply.

 

It's also basically tells you that only 1 in 1000 people are found inadmissible to Canada. A very low percentage, especially after someone remarked that over 15% of Americans have criminal records.

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The CICs website is saying is that if you have ONE blemish and it's been well over 10 years, the border guard is empowered to forgive it on the spot, no charge. But it is his jurisdiction and his decision. It also clearly says that you can fill out the form and ask for it to be for informational purposes only (and therefore FREE) and get a reply telling you if you need to apply to have your record clear in Canada.

 

If it's under the 10 years or over one blemish, you definitely need to apply.

 

It's also basically tells you that only 1 in 1000 people are found inadmissible to Canada. A very low percentage, especially after someone remarked that over 15% of Americans have criminal records.

 

 

this is from the web-site.

 

Deemed Rehabilitation

 

You may be deemed rehabilitated if you meet the requirements of the Immigration and Refugee Protection Act. Depending on the nature of your offence, at least five years and as many as 10 years must have passed since you completed the sentence imposed for your crime. Deemed rehabilitation also depends on whether you have committed one or more offences. In all cases, you may only be deemed rehabilitated if the offence committed would be punishable in Canada by a maximum term of imprisonment of less than 10 years.

 

You are not required to submit an application to be deemed rehabilitated. However, before arriving at a port of entry, we strongly advise you to contact a Canadian embassy, high commission or consulate outside Canada to see if you qualify.

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Here is a cute story related to customs questioning:

My husband recently sat next to a pre-professional ballerina on a flight from Toronto to Minneapolis. The ballerina told my husband that when she went through customs in the Toronto airport the agent asked her about what she had been doing in Canada (she was a US citizen). She told the agent that she was there to audition for a Toronto dance company (to get a job). The agent asked her if she was carrying any TOOLS with her related to her job. She replied, "Uh, pointe shoes and a tutu??"

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Both countries have the same rules at the border. I know of many canadians including retired who have sold their home and now rent turned back at the U.S. border. It is something that both countries have to live with. Also there are many Canadians cannot fly into the U.S. without a Passport. :(

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As I understand, AMERICANS cannot fly into the U.S. from Canada without a passport. Everyone entering the U.S. by air from anywhere (including U.S. citizens) are required to have a Passport.

 

I have no idea what Canada's laws are in that respect.

 

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It would be interesting to know what information border security has access to as far as a person's criminal record is concerned. How can you find out if they have anything on their records about you? Thank God I've not had anything worse than a speeding ticket, but I was wondering about others. Traveling is getting cumbersome enough without trouble at the border that you didn't anticipate.

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It would be interesting to know what information border security has access to as far as a person's criminal record is concerned. How can you find out if they have anything on their records about you? Thank God I've not had anything worse than a speeding ticket, but I was wondering about others. Traveling is getting cumbersome enough without trouble at the border that you didn't anticipate.

 

These days, I would presume the have everything on your record on their screen. I think that a part of the whole passport-mania that Homeland Security is pushing so that they can get at other databases instantly, like your criminal record. I would presume they know and if you tried to gloss over something, they might frown on that.

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As I understand, AMERICANS cannot fly into the U.S. from Canada without a passport. Everyone entering the U.S. by air from anywhere (including U.S. citizens) are required to have a Passport. I have no idea what Canada's laws are in that respect.

 

Canadians and Americans arriving in Canada by air, land or sea, direct from the USA, only require proof of citizenship (birth dert.) and gov't issued ID. All other nationals require a passport.

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As I understand, AMERICANS cannot fly into the U.S. from Canada without a passport. Everyone entering the U.S. by air from anywhere (including U.S. citizens) are required to have a Passport.

 

I have no idea what Canada's laws are in that respect.

 

 

The passport requirement is in fact by the US authorities. You need a passport to enter the US and that includes Americans re-entering their own country.

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What about the 50,000 US citizens who have their names on the Patriot Act - "No Fly List". Can they drive across the border?

 

Sure they can. And at this time it is not a requirement for Canadians and Americans to produce a passport when crossing the land border between Canada and the US.

 

Canadians and Americans crossing the Canada/US land border only require proof of citizenship (birth cert.) and gov't issued ID.

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  • 3 weeks later...

My husband just returned from a business trip in Vienna. He changed planes in Toronto on the return flight. I was concerned because he has a 3rd degree assault charge on his record from 1982. Although he was treated rudely, he was NOT detained nor sequestered. The assault charge was never mentioned and he said Canadian Customs treated all the Americans rudely. From what I've read on these boards, American Customs are just as rude, if not worse. The American and Canadian people really like each other and we enjoy visiting each others beautiful countries, so why do our customs agents make travel between us so difficult? I know it is all done in the name of National Security but without going into a great deal of detail, it seems some of this harassment is unnecessary.

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  • 3 years later...

As a former Canadian Border Officer I can assure that it works both ways. Some of the questions I am getting asked when I go state side from Canada throw me for a loop these days. If you are honest with the Canadian Border guard they may cut you a break. On the otherhand check with your police and see if there is a record on the police computer if it is not there they are highly unlikely to know about it so just say no. Unfortuneately when they ammalgamated the Canadians into one agency a great deal of the descretion went out the window. I used to train officers not to ask a question that they did not want to know the answer to. Unfortuneately in this day and age the Canadian guards are finding a lot of undeclared guns, child pornography and this is what is causing problems. It is a lot easier to get a pardon to come into Canada than it is to get a pardon to go down the the United States. To be honest I was always disgusted to hear of people being refused for a minor conviction 30 years ago

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Canpass, welcome to Cruise Critic. Even though this thread is old, I'm sure you can provide a lot of valuable information about getting across the border (each way). You need to know up front that being Canadian, you'll get called a poor tipper by the residents of Florida :D

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Canpass, welcome to Cruise Critic. Even though this thread is old, I'm sure you can provide a lot of valuable information about getting across the border (each way). You need to know up front that being Canadian, you'll get called a poor tipper by the residents of Florida :D

CP--I haven't posted very much lately because I have discovered that if I wait, someone else will post my sentiments. It just happened again.;)

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Sure they can. And at this time it is not a requirement for Canadians and Americans to produce a passport when crossing the land border between Canada and the US.

 

Canadians and Americans crossing the Canada/US land border only require proof of citizenship (birth cert.) and gov't issued ID.

 

Oh yes, we must have a valid passport to cross into the US and vice versa. They scan the passport, make us remove our glasses and look into our eyes. Also, they ask how much you are bringing back that you purchased. Not what you spent on hotels, meals, entertainment, only what you bring back.

 

This all came into effect last year. Canadian passports are only good for 5 years and most places want 6 months validity left on them.

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