Travel Waiver Question

[sly_wolf 199]

Hi. Unfortunately, one of my boys has a DWI conviction in Canada. Can anyone tell me if he will need a travel waiver to visit in the US? If so, how would he get that.

I am worried he may not be able to attend the planned wedding because of this problem

Thanks

Steve

[Earmuffs 1]

Should be ok with the DWI. its not seen as a CIMT.

[sly_wolf 199]

My concern is that his DWI criminal record will show up and the Border agent would turn him back. I have read that it is illegal to enter the US with any type of criminal record.

Steve

[Earmuffs 1]

Thats what I thought but I spoke to an CBP officer and he said it depends on the crime... You could always call a POE. Call a few of them as you never get the same answer so call 3 and hope you get at least 2 out of 3 ha.

[Earmuffs 1]

The federal law concerning inadmissibility of aliens into the U.S. is codified at:

8 United States Code § 1182- Inadmissible aliens

Here is the pertinent part of the code:

Sec. 1182. - Inadmissible aliens

(a) Classes of aliens ineligible for visas or admission

Except as otherwise provided in this chapter, aliens who are

inadmissible under the following paragraphs are ineligible to receive

visas and ineligible to be admitted to the United States:

....

2) Criminal and related grounds

(A) Conviction of certain crimes

(i) In general

Except as provided in clause (ii), any alien convicted of, or who

admits having committed, or who admits committing acts which

constitute the essential elements of -

(I)

a crime involving moral turpitude (other than a purely political

offense) or an attempt or conspiracy to commit such a crime, or

(II)

a violation of (or a conspiracy or attempt to violate) any law or

regulation of a State, the United States, or a foreign country

relating to a controlled substance (as defined in section 802 of title

21), is inadmissible."

source:

8 United States Code § 1182- Inadmissible aliens

Now, is a basic DWI/DUI a "crime involving moral turpitude"?

"The BIA [board of Immigration Appeals] has unequivocally determined,

however, that simple DUI convictions, even if repeated, are not crimes

of moral turpitude. In re Torres-Varela, 23 I. & N. Dec. 78, Int. Dec.

3449 (B.I.A. 2001) (en banc)."

source:

SALMERON v. INS (2003), UNITED STATES COURT OF APPEALS, FOR THE NINTH CIRCUIT

Also see: GROUNDS OF DEPORTABILITY AND INADMISSIBILITY RELATED TO CRIMES:

"5. Driving Under the Influence Offenses

A conviction for driving under the influence (DUI) is not

a crime involving moral turpitude. Matter of Lopez-Meza, 22 I&N Dec.

1188 (BIA 1999). Since a second DUI offense does not change the

character of the offense, it does not involve turpitude. Matter of

Torres-Varela, 23 I&N Dec. 78 (BIA 2001). Nevertheless, the BIA has

held that a noncitizen conviction for driving under the influence

involved moral turpitude when an element of the offense was that the

defendant knew or should have known that the authorities had revoked

his license. Matter of Lopez-Meza, 22 I&N Dec. 1188 (BIA 1999)."

source:

GROUNDS OF DEPORTABILITY AND INADMISSIBILITY RELATED TO CRIMES, by the

nationalimmigrationproject.org

[Flames9_RN 358]

About 10 yrs ago had a friend turned back at the border (he was a truck driver) he said it was because of his DWI! Not sure if that is true or not?? I do know he had drug problems as well, so not sure!!

[sly_wolf 199]

I guess my son could just take a chance and we will keep our fingers crossed. There is no way he will get any travel waiver on time. I did some searches and correct me if I am wrong but it looks like he will need to file form I192 .... which is also not cheap.

Thanks for all your input.

Steve

[neiks 19]

Usually, a Canadian will not be denied entry into the US with just a DWI conviction in Canada. It is not considered a federal offence in the US like it is in Canada. It would be a no go if the situation was reversed, American with a DUI conviction would likely be denied entry into Canada as Canada cosiders it an federal/inditable offence.

The conviction will most likely show up on his records check but probably won't be refused. I know lots of Canadians that have had DUI/DWI and are allowed into the US, some even have multiple convictions.

[thetreble 19]

Usually, a Canadian will not be denied entry into the US with just a DWI conviction in Canada. It is not considered a federal offence in the US like it is in Canada. It would be a no go if the situation was reversed, American with a DUI conviction would likely be denied entry into Canada as Canada cosiders it an federal/inditable offence.

One of my roommates in College was from upstate NY and I never got a chance to meet her bf because he had a DUI conviction and Canada would not allow him in.

I agree totally with what neiks said .

Edited October 4, 2007 by thetreble