US citizen travelled to Canada without realizing DUI was a problem but got through










7














I travelled with a US citizen friend a couple of times to Canada (my home country) for a few days each time. We never had a problem at any border and, being Canadian, I don't know as much as I should about Canadian entry laws. My friend has a single DUI from a long time ago (less than 10 years at the time of our travels), and neither of us were aware that it was automatic grounds for denial of entry. I discovered the rule by accident during random web browsing, and it's now been more than 10 years since the DUI, so in the ordinary course of events, Canada would automatically forgive it if they were to try to enter now. But now I'm worried that my friend has broken the law by not disclosing what they didn't know they were supposed to disclose. Are there any penalties for this situation? What if, hypothetically, they were to try to apply for residency/citizenship at a later date, would this be grounds for automatic denial?










share|improve this question

















  • 1




    The part of your question about a hypothetical future application to immigrate belongs on Expatriates.
    – phoog
    Apr 28 '17 at 20:19















7














I travelled with a US citizen friend a couple of times to Canada (my home country) for a few days each time. We never had a problem at any border and, being Canadian, I don't know as much as I should about Canadian entry laws. My friend has a single DUI from a long time ago (less than 10 years at the time of our travels), and neither of us were aware that it was automatic grounds for denial of entry. I discovered the rule by accident during random web browsing, and it's now been more than 10 years since the DUI, so in the ordinary course of events, Canada would automatically forgive it if they were to try to enter now. But now I'm worried that my friend has broken the law by not disclosing what they didn't know they were supposed to disclose. Are there any penalties for this situation? What if, hypothetically, they were to try to apply for residency/citizenship at a later date, would this be grounds for automatic denial?










share|improve this question

















  • 1




    The part of your question about a hypothetical future application to immigrate belongs on Expatriates.
    – phoog
    Apr 28 '17 at 20:19













7












7








7







I travelled with a US citizen friend a couple of times to Canada (my home country) for a few days each time. We never had a problem at any border and, being Canadian, I don't know as much as I should about Canadian entry laws. My friend has a single DUI from a long time ago (less than 10 years at the time of our travels), and neither of us were aware that it was automatic grounds for denial of entry. I discovered the rule by accident during random web browsing, and it's now been more than 10 years since the DUI, so in the ordinary course of events, Canada would automatically forgive it if they were to try to enter now. But now I'm worried that my friend has broken the law by not disclosing what they didn't know they were supposed to disclose. Are there any penalties for this situation? What if, hypothetically, they were to try to apply for residency/citizenship at a later date, would this be grounds for automatic denial?










share|improve this question













I travelled with a US citizen friend a couple of times to Canada (my home country) for a few days each time. We never had a problem at any border and, being Canadian, I don't know as much as I should about Canadian entry laws. My friend has a single DUI from a long time ago (less than 10 years at the time of our travels), and neither of us were aware that it was automatic grounds for denial of entry. I discovered the rule by accident during random web browsing, and it's now been more than 10 years since the DUI, so in the ordinary course of events, Canada would automatically forgive it if they were to try to enter now. But now I'm worried that my friend has broken the law by not disclosing what they didn't know they were supposed to disclose. Are there any penalties for this situation? What if, hypothetically, they were to try to apply for residency/citizenship at a later date, would this be grounds for automatic denial?







canada us-citizens






share|improve this question













share|improve this question











share|improve this question




share|improve this question










asked Apr 28 '17 at 19:54









user60533

361




361







  • 1




    The part of your question about a hypothetical future application to immigrate belongs on Expatriates.
    – phoog
    Apr 28 '17 at 20:19












  • 1




    The part of your question about a hypothetical future application to immigrate belongs on Expatriates.
    – phoog
    Apr 28 '17 at 20:19







1




1




The part of your question about a hypothetical future application to immigrate belongs on Expatriates.
– phoog
Apr 28 '17 at 20:19




The part of your question about a hypothetical future application to immigrate belongs on Expatriates.
– phoog
Apr 28 '17 at 20:19










1 Answer
1






active

oldest

votes


















6















Are there any penalties for this situation?




YES



Immigration and Refugee Protection Act (S.C. 2001, c. 27)




Sanctions for Unlawful Entry and Overstaying



The IRPA does not specifically criminalize unlawfully entering the
country or unlawfully overstaying a visa
. Both of these types of
actions, however, fall under the general prohibition against
contravening the law without exercising due diligence to prevent doing
so.



Crown prosecutors have discretion to try general IRPA offenses either
by way of an indictment or in summary proceedings. The distinction
between indictable and summary offenses is similar to the distinction
between felonies and misdemeanors in the United States, and a crime
that can be tried either by way of an indictment or in summary
proceedings is considered to be a “hybrid” offense.



The maximum penalty for a person who commits such a general offense as entering
the country unlawfully or unlawfully overstaying a visa is a fine of
$50,000 and imprisonment for two years, if prosecuted by way of an
indictment
, or a fine of $10,000 and imprisonment for six months, if
prosecuted in summary proceedings
. Crown prosecutors usually base
their decisions as to whether a defendant should be tried by way of an
indictment or in summary proceedings upon such factors as the
seriousness of the violation, the defendant’s intentions, and the
defendant’s prior record.



Most persons caught violating the general provisions of the
immigration laws are deported or ordered to leave Canada. CBSA
administers the detention and removal of illegal immigrants and
persons who overstay their visa.




I personally would not disclose a past transgression which is beyond the statute of limitations. Neither would I volunteer if I previously innocently provided inaccurate information that has never been discovered.



In his case he very likely was never asked anything like that so he didn't lie to immigration. There are likely thousands of Americans who cross the border into Canada a month who have the ghosts of DUI's present or past.




What if, hypothetically, they were to try to apply for
residency/citizenship at a later date, would this be grounds for
automatic denial?




That's long term travel/migration and is beyond the scope of this site. You can ask under Expatriates.






share|improve this answer






















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    1 Answer
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    active

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    1 Answer
    1






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    6















    Are there any penalties for this situation?




    YES



    Immigration and Refugee Protection Act (S.C. 2001, c. 27)




    Sanctions for Unlawful Entry and Overstaying



    The IRPA does not specifically criminalize unlawfully entering the
    country or unlawfully overstaying a visa
    . Both of these types of
    actions, however, fall under the general prohibition against
    contravening the law without exercising due diligence to prevent doing
    so.



    Crown prosecutors have discretion to try general IRPA offenses either
    by way of an indictment or in summary proceedings. The distinction
    between indictable and summary offenses is similar to the distinction
    between felonies and misdemeanors in the United States, and a crime
    that can be tried either by way of an indictment or in summary
    proceedings is considered to be a “hybrid” offense.



    The maximum penalty for a person who commits such a general offense as entering
    the country unlawfully or unlawfully overstaying a visa is a fine of
    $50,000 and imprisonment for two years, if prosecuted by way of an
    indictment
    , or a fine of $10,000 and imprisonment for six months, if
    prosecuted in summary proceedings
    . Crown prosecutors usually base
    their decisions as to whether a defendant should be tried by way of an
    indictment or in summary proceedings upon such factors as the
    seriousness of the violation, the defendant’s intentions, and the
    defendant’s prior record.



    Most persons caught violating the general provisions of the
    immigration laws are deported or ordered to leave Canada. CBSA
    administers the detention and removal of illegal immigrants and
    persons who overstay their visa.




    I personally would not disclose a past transgression which is beyond the statute of limitations. Neither would I volunteer if I previously innocently provided inaccurate information that has never been discovered.



    In his case he very likely was never asked anything like that so he didn't lie to immigration. There are likely thousands of Americans who cross the border into Canada a month who have the ghosts of DUI's present or past.




    What if, hypothetically, they were to try to apply for
    residency/citizenship at a later date, would this be grounds for
    automatic denial?




    That's long term travel/migration and is beyond the scope of this site. You can ask under Expatriates.






    share|improve this answer



























      6















      Are there any penalties for this situation?




      YES



      Immigration and Refugee Protection Act (S.C. 2001, c. 27)




      Sanctions for Unlawful Entry and Overstaying



      The IRPA does not specifically criminalize unlawfully entering the
      country or unlawfully overstaying a visa
      . Both of these types of
      actions, however, fall under the general prohibition against
      contravening the law without exercising due diligence to prevent doing
      so.



      Crown prosecutors have discretion to try general IRPA offenses either
      by way of an indictment or in summary proceedings. The distinction
      between indictable and summary offenses is similar to the distinction
      between felonies and misdemeanors in the United States, and a crime
      that can be tried either by way of an indictment or in summary
      proceedings is considered to be a “hybrid” offense.



      The maximum penalty for a person who commits such a general offense as entering
      the country unlawfully or unlawfully overstaying a visa is a fine of
      $50,000 and imprisonment for two years, if prosecuted by way of an
      indictment
      , or a fine of $10,000 and imprisonment for six months, if
      prosecuted in summary proceedings
      . Crown prosecutors usually base
      their decisions as to whether a defendant should be tried by way of an
      indictment or in summary proceedings upon such factors as the
      seriousness of the violation, the defendant’s intentions, and the
      defendant’s prior record.



      Most persons caught violating the general provisions of the
      immigration laws are deported or ordered to leave Canada. CBSA
      administers the detention and removal of illegal immigrants and
      persons who overstay their visa.




      I personally would not disclose a past transgression which is beyond the statute of limitations. Neither would I volunteer if I previously innocently provided inaccurate information that has never been discovered.



      In his case he very likely was never asked anything like that so he didn't lie to immigration. There are likely thousands of Americans who cross the border into Canada a month who have the ghosts of DUI's present or past.




      What if, hypothetically, they were to try to apply for
      residency/citizenship at a later date, would this be grounds for
      automatic denial?




      That's long term travel/migration and is beyond the scope of this site. You can ask under Expatriates.






      share|improve this answer

























        6












        6








        6







        Are there any penalties for this situation?




        YES



        Immigration and Refugee Protection Act (S.C. 2001, c. 27)




        Sanctions for Unlawful Entry and Overstaying



        The IRPA does not specifically criminalize unlawfully entering the
        country or unlawfully overstaying a visa
        . Both of these types of
        actions, however, fall under the general prohibition against
        contravening the law without exercising due diligence to prevent doing
        so.



        Crown prosecutors have discretion to try general IRPA offenses either
        by way of an indictment or in summary proceedings. The distinction
        between indictable and summary offenses is similar to the distinction
        between felonies and misdemeanors in the United States, and a crime
        that can be tried either by way of an indictment or in summary
        proceedings is considered to be a “hybrid” offense.



        The maximum penalty for a person who commits such a general offense as entering
        the country unlawfully or unlawfully overstaying a visa is a fine of
        $50,000 and imprisonment for two years, if prosecuted by way of an
        indictment
        , or a fine of $10,000 and imprisonment for six months, if
        prosecuted in summary proceedings
        . Crown prosecutors usually base
        their decisions as to whether a defendant should be tried by way of an
        indictment or in summary proceedings upon such factors as the
        seriousness of the violation, the defendant’s intentions, and the
        defendant’s prior record.



        Most persons caught violating the general provisions of the
        immigration laws are deported or ordered to leave Canada. CBSA
        administers the detention and removal of illegal immigrants and
        persons who overstay their visa.




        I personally would not disclose a past transgression which is beyond the statute of limitations. Neither would I volunteer if I previously innocently provided inaccurate information that has never been discovered.



        In his case he very likely was never asked anything like that so he didn't lie to immigration. There are likely thousands of Americans who cross the border into Canada a month who have the ghosts of DUI's present or past.




        What if, hypothetically, they were to try to apply for
        residency/citizenship at a later date, would this be grounds for
        automatic denial?




        That's long term travel/migration and is beyond the scope of this site. You can ask under Expatriates.






        share|improve this answer















        Are there any penalties for this situation?




        YES



        Immigration and Refugee Protection Act (S.C. 2001, c. 27)




        Sanctions for Unlawful Entry and Overstaying



        The IRPA does not specifically criminalize unlawfully entering the
        country or unlawfully overstaying a visa
        . Both of these types of
        actions, however, fall under the general prohibition against
        contravening the law without exercising due diligence to prevent doing
        so.



        Crown prosecutors have discretion to try general IRPA offenses either
        by way of an indictment or in summary proceedings. The distinction
        between indictable and summary offenses is similar to the distinction
        between felonies and misdemeanors in the United States, and a crime
        that can be tried either by way of an indictment or in summary
        proceedings is considered to be a “hybrid” offense.



        The maximum penalty for a person who commits such a general offense as entering
        the country unlawfully or unlawfully overstaying a visa is a fine of
        $50,000 and imprisonment for two years, if prosecuted by way of an
        indictment
        , or a fine of $10,000 and imprisonment for six months, if
        prosecuted in summary proceedings
        . Crown prosecutors usually base
        their decisions as to whether a defendant should be tried by way of an
        indictment or in summary proceedings upon such factors as the
        seriousness of the violation, the defendant’s intentions, and the
        defendant’s prior record.



        Most persons caught violating the general provisions of the
        immigration laws are deported or ordered to leave Canada. CBSA
        administers the detention and removal of illegal immigrants and
        persons who overstay their visa.




        I personally would not disclose a past transgression which is beyond the statute of limitations. Neither would I volunteer if I previously innocently provided inaccurate information that has never been discovered.



        In his case he very likely was never asked anything like that so he didn't lie to immigration. There are likely thousands of Americans who cross the border into Canada a month who have the ghosts of DUI's present or past.




        What if, hypothetically, they were to try to apply for
        residency/citizenship at a later date, would this be grounds for
        automatic denial?




        That's long term travel/migration and is beyond the scope of this site. You can ask under Expatriates.







        share|improve this answer














        share|improve this answer



        share|improve this answer








        edited May 3 '17 at 22:52

























        answered May 1 '17 at 22:01









        Honorary World Citizen

        18.7k353103




        18.7k353103



























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