Have a DUI and Planning a Trip to Canada? Here is Something You Should Know

 If you have plans for hunting, fishing or vacationing in Canada, there are certain things you can’t forget in preparation for the big event. Pack your hunting gear. Don’t forget a camera. When fishing, be sure to bring a water proof jacket, and plenty of Dare Devils. But, you may be surprised to know, that you also must make sure you remember any driving mishaps, or teenage pranks that involved the police. Because if you’re traveling to our neighbor to the North, you may be stopped at the border for legal entanglements that have been minimized or have even been long forgotten.

     
That’s exactly what happened shortly before 9/11 to Steve, a Cleveland native, traveling with buddies to a softball tournament in Manitoba. Questioned at the Canada/ North Dakota border, Steve revealed a long ago DWI to Canadian authorities. Immigration officials then questioned him for three hours regarding the offense, and finally denied Steve’s entrance. He lost the time driving to Canada, wasted the deposit for his Canadian hotel and missed out on the wonderful male bonding experience. So while the rest of his team played softball in Winnipeg, Steve spent the weekend alone in downtown Pembina, North Dakota, exploring the local gas station and church museum, until his team picked him up days later on their way home. A wasted opportunity, because Steve failed to realize that due to a long ago conviction, he needed to legally prepare or be left behind at the border.

     
Like Steve, anyone with a criminal conviction will require unique legal assistance before travelling to Canada for any reason. Most Americans take entry into Canada for granted, and often consider it simply a borderless extension of the United States where people say “Eh.” The reality is strikingly different. So, before you book that work meeting, vacation with the kids, honeymoon or elk-hunting trip, it’s really important to consider the issues relating to any prior legal entanglements and that Canadian border. These issues include who can enter the country, who can be excluded, how you can overcome exclusion, and how someone who is ineligible can nonetheless seek entry to Canada.

Contact Us From Anywhere in the U.S.

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.sportsmanlawyers.com

www.chaudharylawoffice.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

Final Thoughts on Entry Into Canada...

It’s important to note that only Canadian lawyers, consultants, or notaries can represent a client for compensation before the Canadian immigration service. Some U.S. firms have attorneys admitted to the Canadian bar. Other firms partner with Canadian attorneys so that Americans have the comfort of an American attorney managing their case while still adhering to Canadian rules.

THE UPSHOT

If there is any possibility a person with a prior conviction will one day enter Canada, it’s wise to get all the documentation in order sooner, rather than later. Moreover, starting now will ensure peace of mind that your vacation or business trip is not quashed at the border. So get your ducks in a row, before you wish to hunt them and get ready to visit our closest neighbor to the north, Canada.

ABOUT CHAUDHARY LAW OFFICE:

An avid outdoorsman, Satveer Chaudhary, Esq. is the owner of Chaudhary Law Office since 2000, practicing immigration, non-profit, family, and criminal law in Saint Louis Park, Minnesota. Not licensed to practice law in Canada, Chaudhary Law Office has qualified attorney associates who can help overcome Canadian inadmissibility.

Contact Us From Anywhere in the U.S.

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.sportsmanlawyers.com

www.chaudharylawoffice.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

What About Travel To Canada If The Infraction Was Years Past?

What if it’s been less than five years since completion of a sentence (including probation)? Does this mean you can’t travel to Canada since the person isn’t eligible for an Approved of Rehabilitation? In that instance he or she may apply for a temporary resident permit, and request special permission to enter or remain in Canada, but this may take six months to a year to process.

Failure to address these immigration issues can result in disastrous consequences beyond a botched vacation. Chaudhary dealt with one individual who failed to seek a Temporary Resident Permit was stopped at Customs and Immigrations in Toronto, detained, and returned to Denver the next morning. Unable to close a multi-million dollar sale, he lost his job as a vice-president in the cellular phone industry. Another client who failed to seek a Temporary Resident Permit was stopped, questioned, and permitted to enter Canada for business, but was counseled she would not always be so lucky.

Contact Us From Anywhere in the U.S.

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.sportsmanlawyers.com

www.chaudharylawoffice.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

Visiting Canada With A Less Than Pristine Record

RUN FOR THE BORDER: OVERCOMING DENIALS TO CANADA

So what is a person to do who needs to travel on business or wishes to go to Canada for pleasure? Well, there’s no need to cancel that fly-in-fishing trip because of a prior offense. There are several legal processes that can permit an otherwise excludable person to enter Canada temporarily or even permanently. However, those with convictions in a Canadian court require additional effort.

APPROVAL OF REHABILITATION

If more than 5 years have passed since all sentences related to the conviction(s) were completed, a traveler may apply for Approval of Rehabilitation through a designated Canadian Consulate in the United States or Canadian Immigration Service. The process is not terribly complicated, but can be tedious. Often, people find it easier to hire a competent lawyer to handle the paperwork for them and insure that nothing has been missed that can hold up their vacation. Ample time (sometimes months) should be allowed prior to travel for an Approval of Rehabilitation. The decision to approve rehabilitation is at the discretion of the Canadian authorities, so there’s no guarantee of admission to Canada for that guys’ weekend, or even a Niagara Falls honeymoon. However once a person receives it, the Approval is permanent as related to offenses prior to the application. The best rule of thumb is to examine your own legal history, as well as those of your traveling companions and insure that issues are handled before you reach the 
Canadian border.

http://sportsmanlawyers.com/index.html

Contact Us From Anywhere in the U.S.

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.sportsmanlawyers.com

www.chaudharylawoffice.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

So, Who Can and Cannot Travel To Canada?

WHO CAN ENTER CANADA?

Most people assume that just about anyone can enter Canada. “This cannot be further from the truth,” states immigration lawyer, Satveer Chaudhary of the Chaudhary Law Office in Saint Louis Park, Minnesota.. “Canadian Customs and Immigration Officers have ultimate authority to permit or deny anyone entry to Canada, as is the case with U.S. Customs and Immigration Service. Most attempting to visit Canada don’t, however, have a criminal record and are allowed to enter. Consequently, most of us never think twice.”

WHO CANNOT ENTER CANADA?

What if you’ve been convicted of drunk driving? One common myth is that a person entering Canada with a DWI conviction is only prohibited from driving. This is absolutely not the case. In Canada a DUI is a felony that may be punished by imprisonment for up to 5 years, and therefore under the Canadian Immigration Act, can block your entry into Canada.

Anyone with a conviction in the United States that’s treated as a felony or indictable offense in Canada can be stopped at the border, even if the conviction OR CHARGE is a misdemeanor in the U.S. More surprisingly, should your legal entanglement not be a felony or indictable offense in Canada, Customs and Immigration Officers still have ultimate authority to deny entry to Canada.² Imagine taking your teenager “up north” for their first Canadian fishing trip, and being stopped at the border because 10 years ago you were charged with reckless driving or got a DUI. 

Almost all convictions (including DUI, DWI, reckless driving, negligent driving, misdemeanor drug possession, all felonies, domestic violence, assault, shoplifting, theft, etc. can make a person unable to enter Canada, regardless of when the incident occurred. For this reason, it’s not recommended that persons with past convictions attempt to enter Canada without first obtaining the necessary documents. Remember, it’s always the final decision of officers at ports of entry to decide whether a person should be allowed into Canada. “The Canadian Consulate emphasizes that this entry is discretionary,” Chaudhary continues, “and in the post 9/11 aftermath, officers are more typically exercising their discretion to deny entry than to grant entry.”

http://sportsmanlawyers.com/index.html
Phone(952) 525-2285

Fax (800) 447-1381

Chaudhary Law Office

Park Place East, Suite 700

5775 Wayzata Boulevard

St. Louis Park, MN 55416

Traveling with Children to Canada

Congratulations!  You've finally set up that hunting (fishing) trip to Canada with your teenager!  The bags are packed, the iPhone is put away, and you've mapped out the travel schedule.  You are all set to share your love of the great outdoors with your child.  Or are you?


There are certain things you need to know before you go.  The Canadian Border Patrol watches for missing or abducted children and may ask detailed questions about the children who are traveling with you.  Make sure you're prepared before you go!  Here are a few tips:

• If you're traveling with kids, you should carry identification for each child. 
• In the case of infants who have not yet been issued birth certificates, an original baptismal or hospital certificate that indicates the country of birth is sufficient.
• If you are travelling with children, you should carry identification for each child. 
• Divorced parents who share custody of their children should carry copies of the legal custody documents.  
• Travellers under the age of 18 and unaccompanied by a parent need a letter of permission to travel in Canada from a parent or guardian. Have it notarized.  It should state where the minor is going, how long they plan to travel, where they're staying and when they plan to return.   Include all the parents' contact info, address and phone numbers.
• Children traveling with one parent, grandparents, or other guardians should carry proof of custody and/or notarized letters from the non-accompanying parent(s) authorizing travel. This is in addition to proof of the child’s citizenship. This letter should contain contact telephone numbers for the other parent or legal guardian not present. 
• Travelers without such documentation may experience delays at the port of entry.  
• If you are traveling as part of a group of vehicles, be sure that you are in the same vehicle as your child/children when you arrive at the border.

Check out other posts in our blog about information regarding firearm possession for kids under 18 in Canada!

Contact Us From Anywhere in the U.S.

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.sportsmanlawyers.com

www.chaudharylawoffice.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

Getting Help With Red Tape: Entry Denials For Hunters Into Canada

PROCESSING PROBLEMS
Sound easy enough? Well there are several ways to get into Canada, even with a few blemishes in one’s legal record, but the short answer is that there is no short and easy way to do it. Required court documents may be difficult to obtain, and Canada typically requires them for review. Proof of sentences being completed is critical, for which copies of all complaints, orders, sentences, restitution, and probationary documents are ideal. Most lay people are reluctant to attempt such an endeavor on their own.

GETTING HELP

Immigration systems can be complex and bureaucratic. Forms must be completed properly and supporting documentation assembled according to requirements. Incomplete documentation will result in returned applications and yet further delays. So sometimes it helps to “turf it off” to those with experience in these matters. Where a person has a number of convictions, the convictions or charges are somewhat recent, documents can’t be found, or it just seems over your head, a lawyer can be of use.

Chancing it at the border is absolutely not recommended, particularly for those driving long distances.

Contact Us From Anywhere in the U.S.

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.sportsmanlawyers.com

www.chaudharylawoffice.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case

Satveer S. Chaudhary is a lifelong sportsman and former wildlife and conservation policy- maker. As an attorney, he represents hunting and fishing organizations, businesses, individual hunters and anglers, and serves on the board of Safari Club International. He has worked in a variety of capacities with National Association of Sportsmen Caucuses, NRA, Ducks Unlimited, and Pheasants Forever. He knows the law because he helped make it.

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.