Hi
My american boyfriend was refused entry to Canada today. The border pulled up a record and told him he had a couple of DUI's he said he hasn't drank for 15 years so they must be very old and he has never been convicted of DUI ever.
Our wedding date up here is planned for June 6th.
He has already applied for Illinois Police Clearance and is waiting for the paperwork to arrive.
Should he go to the Canadian Consulate in Illinois?
What will they do or give him to be able to enter into Canada?
Should I go down there marry him in the U.S. then cross the border indicating I am sponsoring him as my husband? Will that allow him in for sure.
What do we do now which direction should we go in.
My world just collapsed.......were both in our 60's and never dreamed there would be a problem with us.
Thanks
Bunny
Bunny I hate to put a damper on things but this isn't looking good for you. Until the issue of his DUI's is cleared (if it ever is) he will not be allowed to enter the country.
It might have been a little boo-boo on your part to have planned a June 6th wedding without knowing if he would be granted entry - this is always risky. At this point you're best off getting married in the States and sponsoring him then.
Unfortunately, being married will not mean guaranteed entry for him. As long as he has those DUI's on his record they will continue to deny him. I don't know if there's much the Canadian Consulate can do for him. I suggest he visit the Illinois authorities and find out how long those DUIs's will remain on his record and if there is something he can do to clear them.
Hi
He has been here many times visiting me and this was just a usual visit so we didn't even think there would be a problem.
They told him if he tried to come into the country until this was cleared up he would be arrested.
I am just not sure what we do first.
Thanks
First let me say that I am so sorry this has happened to you guys and I totally get how devastated you are right now - we've been there.
I'm interested in what the exchange was at the border that led to this DUI assertion when he's come into Canada previously without issue? I could be wrong, but I suspect he was a little too "forthcoming" about his purpose for entering Canada and they started looking for reasons to keep him out.
Regardless, it's a done deal now . . . I know from experience, once something is in a "border record", steps have to be taken to address it or it's going to be an issue every time. This is where you have to understand/realize that the people at the borders can, basically, indicate whatever they want to in a border record - it doesn't have to be proven, it can just be speculation - but it will prevent a person from entering until they have other authorization.
Here's my suggestion - immediately order his FBI and any State criminal clearances that he will need for immigration to Canada. (See
this US2Canada link for information on what he needs and how to expedite the FBI clearance.) IF there is a DUI on his record, it needs to be resolved - and that is a whole different discussion - because he will not be able to get permanent status without resolving that.
If there isn't any DUI on his record, get married in the States and file your outland sponsorship application. Whether you can get him into Canada after marrying him - before he gets PR - is going to be at the discretion of the IOs at the border so it's a gamble with the info that's in his border record now. You may or may not be able to "convince" them to let him in by proving your marriage, etc., and proving there is no record on the FBI or State clearances, etc. It's a gamble because if they've got info in the border record to the contrary you may not find someone at the border willing to "go against" what's already there - if that makes any sense. Once he's been assessed and approved for permanent status, it's not up to them anymore.
Robsluv:
Thanks you for your response.
He is waiting for his Police Clearance and FBI as he already applied for both.
If the DUI's show up on the Police Clearance/FBI where do we go to have that resolved.
He has never been convicted with anything in the courts.....I just spoke to him and the charge is 25 years old. but I guess with the tools in the van and then the charges they decided to pull rank on him.
They told him that he could come back as long as he had clean Police Clearance FBI Record and a letter from his boss and a lease agreement showing he was returning to U.S. which he can get those no problem.
Our wedding is now cancelled which is money down the drain at this point.
Any information you can help us with would be welcomed and I thank you.
Thanks
Bunny
Hubby and I were just discussing this and I want to make one other point: you mentioned your bf says there was never a "conviction" - but if he was ever arrested, that arrest shows up on the reports. For example: my son was arrested and charged with three offences. All three showed up on his FBI and State clearances - even though he was only convicted of two. When the issue came up during the PR process we had to submit copies of the court dispostion, which showed the one charge dropped - so it was not considered in finding him inadmissible. If your bf was arrested - but not convicted - that arrest will show up on the criminal clearances and he will have to submit proof with the PR application that the charges were dismissed. That is what will stop him being found inadmissible for permanent rsidence - but what is likely not goint to help him when it comes to being found inadmissible for temporary status - for now. Hope this makes sense and I'm typing on the fly as we're just heading out for the day.
Bunny Wrote:Robsluv:
Thanks you for your response.
He is waiting for his Police Clearance and FBI as he already applied for both.
If the DUI's show up on the Police Clearance/FBI where do we go to have that resolved.
He has never been convicted with anything in the courts.....I just spoke to him and the charge is 25 years old. but I guess with the tools in the van and then the charges they decided to pull rank on him.
They told him that he could come back as long as he had clean Police Clearance FBI Record and a letter from his boss and a lease agreement showing he was returning to U.S. which he can get those no problem.
Our wedding is now cancelled which is money down the drain at this point.
Any information you can help us with would be welcomed and I thank you.
Thanks
Bunny
Well, there you go - they said he can come back in if he produces clean clearances . . . so you'll have to wait for those to see what shows up. If the arrests show up, he'll have to get proof from the courts that the charges were dismissed. He'll need that for the PR ap anyway. If that happens, I'd say - again - get legally married in the States and apply to sponsor him immediately - and have your wedding in Canada later on.
BTW, I'll save you guys the trouble - the Canadian Consulate won't be able to do a thing to reverse any decision made at the border.
I am sorry to hear that Bunny, I can fully understand how it feels. We went through a similar experience recently. May I ask at which border crossing this occurred?
Hi Ontarionative
I believe it would have been Sarnia.......we never thought it would have been a problem at all because he has come here many times but the other times he had rented a car to come up this time he was driving his work van which made them likely wonder if he was coming up to work.
So all our plans are on hold until we fix this problem. I just hope it's not a long ordeal to get it cleared through the courts.
Thanks
Bunny
Figures. Sarnia here too.
Bunny, have him (or you can do the legwork) call the courthouse in the county these charges would have been made/dealt with and order a copy of the dispostion. Also, make sure the copy contains a 'final disposition' that clearly shows whether there was a conviction or not. That will go a long way in providing supporting evidence for his return to Canada.
As for the consulate thing, they did that to us too, it'll mean diddly squat and be a waste of time and expense to get there. All they'll do is hand him a rehab app. and send him on his way.