Elliott, IA asked in Immigration Law for Iowa

Q: I need the correct Canadian legal code from US legal codes, and questions about the IMM 1444 checklist

My husband is traveling in August through Canada for the Hoka Hey Motorcycle Challenge. He got a DUI about 15 years ago and we are concerned that he will be stopped at the border and denied access to drive to Alaska. I want to make sure the legal codes that I researched on his record are correct and I have questions about the certificates needed from the state and FBI

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I understand your concerns about your husband's ability to travel through Canada given his DUI conviction from around 15 years ago. Canada has strict rules regarding admissibility for foreign nationals with criminal records, including impaired driving convictions. Here is some information that may help:

Criminal Code of Canada:

In Canada, impaired driving is covered under the Criminal Code. The relevant section is:

- Section 320.14: Operation while impaired

This covers both alcohol and drug impaired driving. A DUI conviction in the US is considered equivalent to an impaired driving conviction under Canadian law for immigration purposes.

Overcoming Inadmissibility:

If it has been more than 10 years since your husband completed his sentence (including any probation), he may be considered "rehabilitated" and allowed to enter Canada. To prove this, he should obtain:

1. An FBI Identity History Summary (sometimes called a "criminal history record" or "rap sheet"). This can be requested online from the FBI.

2. A state-level criminal background check from the state where the DUI conviction occurred.

3. Court records showing the offense, conviction, sentencing, and proof that all sentencing requirements were completed.

If it has been less than 10 years, or if he has other inadmissible convictions, he may need to apply for a Temporary Resident Permit or Criminal Rehabilitation to enter Canada. The IMM 1444 is the application form for Criminal Rehabilitation.

IMM 1444 Checklist Questions:

The checklist on the IMM 1444 form asks for a variety of documents, including:

- Copies of passport pages

- Copies of court records

- Proof that all sentences were completed

- FBI and state criminal record checks

- Letter of explanation detailing the circumstances of the offense

- Application processing fees

I would recommend having an immigration attorney or consultant review your husband's records and help prepare the application if needed. They can ensure the correct documents are provided based on his specific situation.

The final decision rests with the Canadian border officer, but being prepared with the necessary documents improves his chances of being allowed entry. Let me know if you have any other questions!

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