Border Crossing with a DUI conviction

A single DUI conviction is not grounds to deny entry into the U.S; however, multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States. U.S. Customs and Border Protection

BORDER CROSSING RULES

border-crossing While Canada does not allow persons with DUI’s to enter the country, that is not the case in the U.S..  The U.S. has specific grounds of inadmissibility for criminal offenses and present law does not include DWI as a ground.  Criminal offenses that do cause inadmissibility are those that fall into the general categories of crimes:   moral turpitude crimes,  controlled substance crimes,  drug trafficking crimes.

Persons with a criminal ground of inadmissibility must file an application for waiver of inadmissibility. All travelers can apply for a waiver. When you have been granted a waiver, you will be able to cross the border. The same rule applies for Canadians interested in travelling to the States.

Canadians and people from 33 accepted countries may enter the United States as a visitor without a visa. Check with the visa office at your Embassy to find out if you need a visitor’s visa. Canadians are allowed to visit the United States for up to 240 days (new rule 2012) without a visitor’s visa.

Immigration and Visa Application

Should the applicant state an arrest, citation or conviction on the immigration/visa forms, even if minor one? Yes,  although a simple DUI conviction by itself would not result in a denial of an immigration benefit, lying about it on a visa application would. Committing a fraud or misrepresentation can create a permanent bar to reentry, often without waiver possibilities.
If you have been arrested for a DWI, be sure to obtain good criminal defense counsel. If you are a foreign national, contact an immigration attorney to find out how this may affect your immigration status. Also, for some foreign nationals, a misdemeanor DWI may delay your ability to naturalize and become a U.S. citizen.