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Filed: K-1 Visa Country: Canada
Timeline
Posted

So I have one more big question before I head to the US. I'm planning to have my parents drive me down to California because they have a van that will fit all of my things inside. I'm really stressed about the fact that my dad has had some problems with DUIs. It is not something he will really openly talk about with anyone and bringing up the subject leads to him getting angry and denying that he has any DUIs at all. I can't get a straight answer from him whether he was convicted on charges or not.

As far as I know he had a conviction about 15 years ago where he lost his license for a year. He has traveled to the US since then, before it was mandatory to have a passport (he used his drivers license). Recently he had another DUI where he hit a car head on and nearly killed himself (the other driver was in a semi so he was okay thank god). He didn't lose his license but had to have a breathalyzer thing installed in his car for a year and he claims it is not on his record, which doesn't make sense since it was a pretty huge incident. I don't understand how he *wouldn't* have convictions for both of these incidents. When I look online it says DUI is not a "crime of moral turpitude" so it wouldn't bar him entry from the US. Then other sites say that it is at the discretion of the Border officer.

So my question is: If he has convictions will he have problems getting admitted into the US? I don't really have any other plan right now to move down all of my stuff and my Mom would probably die if she had to drive the whole way back on her own (her vision isn't very good so she hates driving long distances).

I have asked my Dad as nicely as possible to ask his lawyer if he will have a problem but I was hoping VJ may have some good advice for me.

Thank you in advance.

Filed: Country: Canada
Timeline
Posted

They may question him at the border. Dui aren't taken lightly. I know people from seattle who try to come for a weekend visit and got turned away. Its like 1st time 5 years, 2nd is banned. That's what they said. Maybe apply for a waiver before he tries to go to US.

Sorry I'm not much help.

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GVMack

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

They may question him at the border. Dui aren't taken lightly. I know people from seattle who try to come for a weekend visit and got turned away. Its like 1st time 5 years, 2nd is banned. That's what they said. Maybe apply for a waiver before he tries to go to US.

Sorry I'm not much help.

This is going from the US to Canada. The OP wants to know about travelling from Canada to the US. Canada is the only country in the world that will deny entry to people solely on DUIs. It is classified as a felony in Canada where most everywhere else including the US it is treated as a misdemeanor. US citizens/other citizens that have DUI's need to fill out certain forms and go through quite a hassle to get a permit to travel to Canada.

For a Canadian citizen coming into the US it is not treated the same way. Just have your step dad be honest if questioned and he should be fine to enter the US. They may pull him into secondary inspection, but should be fine from there if there isn't anything else. Though with 2 DUI's they may be a little more questioning than with one. Most if not all other countries do not have any entry restrictions on DUI's except Canada...

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1997

Oct - Job offer in US

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1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

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Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

Filed: K-1 Visa Country: Canada
Timeline
Posted

I'm pretty sure my Dad has a DUI that he got back in the late 80s or early 90s, and he's driven back and forth and never been questioned about in my presence.

I know your Dad's was a bit more recent, but I do think it matters more for those coming into Canada, then those going into the US.

Do you live close enough to the border that you could try crossing for a day trip to see if they give him any trouble?

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Filed: K-1 Visa Country: Canada
Timeline
Posted

I live close enough, but my parents are driving down from northern BC (about a 10 hour drive to where I live). I guess worst case scenario we could just bring him back and drop him at the airport so he could fly home but it would make getting his car back to him a lot more difficult since I can't cross the border.

The CBP link is making me feel a bit better. Hopefully he just sucks it up and asks his lawyer..

Thanks everyone!

Filed: AOS (apr) Country: Canada
Timeline
Posted

I live close enough, but my parents are driving down from northern BC (about a 10 hour drive to where I live). I guess worst case scenario we could just bring him back and drop him at the airport so he could fly home but it would make getting his car back to him a lot more difficult since I can't cross the border.

The CBP link is making me feel a bit better. Hopefully he just sucks it up and asks his lawyer..

Thanks everyone!

It may be more helpful for him to call the US border and ask them directly. His lawyer may be the best option when in front of a Canadian judge, but may not know much about US customs and immigration.

Filed: K-1 Visa Country: Canada
Timeline
Posted

I was thinking more to clarify if he has convictions on his record or not. I'm not entirely sure if he is simply feigning ignorance because he doesn't want to answer or if he's actually not sure if it's on his record.

He has a hard time admitting to anything to do with that stuff so it's frustrating, especially when I am counting on him to drive me. Sorry for the whine, just difficult to deal with this stuff. :(

Filed: Citizen (apr) Country: Canada
Timeline
Posted

I was thinking more to clarify if he has convictions on his record or not. I'm not entirely sure if he is simply feigning ignorance because he doesn't want to answer or if he's actually not sure if it's on his record.

He has a hard time admitting to anything to do with that stuff so it's frustrating, especially when I am counting on him to drive me. Sorry for the whine, just difficult to deal with this stuff. :(

Without meaning to be insensitive - I think he's avoiding talking about something that justifiably he is embarassed about. I highly doubt he got out of the accident you described without being charged with something and the breathilizer thingy could be voluntary, but it can be court ordered as well? Your mum doesn't know?

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Filed: K-1 Visa Country: Canada
Timeline
Posted

Without meaning to be insensitive - I think he's avoiding talking about something that justifiably he is embarassed about. I highly doubt he got out of the accident you described without being charged with something and the breathilizer thingy could be voluntary, but it can be court ordered as well? Your mum doesn't know?

You're not insensitive at all. I totally agree, which is why I keep pushing him to find out. No, my whole family tends to pretend the whole problem doesn't exist so my Mom doesn't talk to him about it. Pretty sad.

Posted

I was thinking more to clarify if he has convictions on his record or not. I'm not entirely sure if he is simply feigning ignorance because he doesn't want to answer or if he's actually not sure if it's on his record.

He has a hard time admitting to anything to do with that stuff so it's frustrating, especially when I am counting on him to drive me. Sorry for the whine, just difficult to deal with this stuff. :(

Don't have a specific answer to your question, but I just wanted to voice my sympathy for the frustration. My dad being unable to cross the border prevented both of my parents from attending my wedding, visiting since I moved, and will likely prevent them from being able to see the new home my husband and I are in the process of purchasing. Mom's fear of traveling alone and my dad's inability to explain WHY he can't cross are incredibly frustrating.

I feel your pain.

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Filed: K-1 Visa Country: Canada
Timeline
Posted

Don't have a specific answer to your question, but I just wanted to voice my sympathy for the frustration. My dad being unable to cross the border prevented both of my parents from attending my wedding, visiting since I moved, and will likely prevent them from being able to see the new home my husband and I are in the process of purchasing. Mom's fear of traveling alone and my dad's inability to explain WHY he can't cross are incredibly frustrating.

I feel your pain.

Sounds exactly like my situation. Thanks for your support. It's very difficult to deal with and I wish he would just swallow his pride for once. I personally think it'd be more embarrassing to be refused entry at the border! I'm also scared he won't make it to the wedding. We are not particularly close due to his choices and attitude but it affects my Mom and it breaks my heart.

If you ever feel like talking feel free to pm me :)

 
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