Need help as I had DUI back in USA about 3 yrs back and it got dismissed - Now got ITA for EE

[kunaalKhem]

Dear friends,
I got charged with DUI in USA with 0.08 about 3 years back and its declared as "Wet reckless driving" , and paid all fines , and finally DUI case has been closed and now I am clean.[probation and everything got served]
Now I am in Canada on WorkPermit and got ITA under EE.

I have all the documentation and everything, and going to upload the same.

Did anyone come across this scenario, do I need to be cautioned about anything.

Thanks

 

[scylla]

Dear friends,
I got charged with DUI in USA with 0.08 about 3 years back and its declared as "Wet reckless driving" , and paid all fines , and finally DUI case has been closed and now I am clean.[probation and everything got served]
Now I am in Canada on WorkPermit and got ITA under EE.

I have all the documentation and everything, and going to upload the same.

Did anyone come across this scenario, do I need to be cautioned about anything.

Thanks

Did you declare this charge in your work permit application to Canada?

I would recommend checking with a Canadian immigration lawyer to confirm how this charge will be evaluated. I personally don't know enough to tell you if this will be evaluated by Canada as a DUI charge or something else. Canada recently changed it's rules regarding DIUs and increased their severity.

http://bordercrossing.ca/canada-dui-entry-2019-changes/#:~:text=Canada DUI Changes in 2018,serious criminality” for legal purposes.

 

[kunaalKhem]

Did you declare this charge in your work permit application to Canada?

I would recommend checking with a Canadian immigration lawyer to confirm how this charge will be evaluated. I personally don't know enough to tell you if this will be evaluated by Canada as a DUI charge or something else. Canada recently changed it's rules regarding DIUs and increased their severity.

http://bordercrossing.ca/canada-dui-entry-2019-changes/#:~:text=Canada DUI Changes in 2018,serious criminality” for legal purposes.

Hi,
At the time of my entry to Canada on Work-permit, my case was with Court and no charges yet. (And I got my Canada visa way before the incident happened). later court dropped the charges to "wet reckless driving" in Canada.

After staying in Canada for 2 years, I have declared it in my next work permit extension, and work permit extension got approved. Pending with TRV process (Temporary Resident Visa) due to covid its taking time.

Also i see below in one of the form, I got charged on March 2018, So I think I am safe now,pls check the below.
"
The minister said that anyone deemed rehabilitated for an impaired driving offence outside Canada before December 18, 2018, “would not need to reapply for relief to overcome inadmissibility due to that same offence.”

https://www.cicnews.com/2018/09/feds-address-immigration-concerns-raised-by-tougher-impaired-driving-sentences-0911165.html

Please let me know if any other details needed!

 

[scylla]

Hi,
At the time of my entry to Canada on Work-permit, my case was with Court and no charges yet. (And I got my Canada visa way before the incident happened). later court dropped the charges to "wet reckless driving" in Canada.

After staying in Canada for 2 years, I have declared it in my next work permit extension, and work permit extension got approved. Pending with TRV process (Temporary Resident Visa) due to covid its taking time.

Also i see below in one of the form, I got charged on March 2018, So I think I am safe now,pls check the below.
"
The minister said that anyone deemed rehabilitated for an impaired driving offence outside Canada before December 18, 2018, “would not need to reapply for relief to overcome inadmissibility due to that same offence.”

https://www.cicnews.com/2018/09/feds-address-immigration-concerns-raised-by-tougher-impaired-driving-sentences-0911165.html

Please let me know if any other details needed!

It sounds like you should be OK. Make sure you declare this again as part of your EE application. While it doesn't make you inadmissible, you still need to declare it.

 

[kunaalKhem]

It sounds like you should be OK. Make sure you declare this again as part of your EE application. While it doesn't make you inadmissible, you still need to declare it.

Thank you scylla for your quick review and opinion, are you a consultant or regular member of this group?. Though of connecting thru call!

 

[scylla]

Thank you scylla for your quick review and opinion, are you a consultant or regular member of this group?. Though of connecting thru call!

I'm just a normal person.

If you want a call consult, you would need to hire a lawyer.

 

[kunaalKhem]

I'm just a normal person.

If you want a call consult, you would need to hire a lawyer.

Thank you for your expertised advice !

 

[kunaalKhem]

one more quick questions,
As I got ITA but not yet submitted documentation , can I create another request for ITA and once its picked , can I decline the old and go with new picked ITA for PR submission. Because only 40 days remaining for Submission of the PR documents so this can help me buy more another 90 days. any suggestion helps here?

 

[canuck78]

Are you a refugee? It doesn't sound like you are but you are posting under the asylum and refugee section.

 

[canpermit]

Hi Kunaal,

Were you able to get your PR? I'm facing similar issues!

 

[scylla]

Hi Kunaal,

Were you able to get your PR? I'm facing similar issues!

OP only posted three months ago. PR takes much longer to process than that.