Deferred DUI in USA

[Dougmeadows]

I have a dui in Delaware that was dismissed through that states deferred adjudication program. I do one year of probation and completed an MADD panel meeting, and alcohol treatement within this year of probation (judges orders). After completing all of this my DUI was DISMISSED. I have been to Canada at least 20 times in the past year if this means anything. I am assuming they would've picked up on this by now if it was going to be an issue.


I am ask goibg to add , that I had my FBI background check done just so I would know what is it it ahead of time before I applied to Have my husband sponsor me for PR. My FBI background check and back TOTALLY CLEAN. The DUI is not on it and either is anything else. It is 100% clean.

I also have a legal opinion from a Canadian immigration lawyer stating why I am admissible to Canada.


Is this going to make me inadmissible for PR?

 

[Dougmeadows]

Also, my court dockets all say "nolle prosequi" on them

 

[scylla]

I don't think you're going to get an answer here. Someone posted a similar question not too long ago and really didn't get any advice. Deferred adjudication is interesting because you are actually technically pleading guilty to the charge. However if a lawyer says you're OK - then hopefully you are.

Here's the other thread:

http://www.canadavisa.com/canada-immigration-discussion-board/deferred-adjudication-resulting-in-dismissed-dui-t467348.0.html

I would apply and hope for the best. I would be 100% honest about the DUI in your application and include the statement from the lawyer.

 

[Dougmeadows]

From what I have read on different lawyers sites (including the lawyer who runs this forum) deferred adjudication and nolle prosequi are both considered non convictions for Canadian immigration purposes.

 

[Dougmeadows]

I assumed that with a clean background check I should be good to go

 

[Dougmeadows]

Doesn't the fact that I have been in to Canada multiple times mean I should be good to go?

 

[scylla]

Doesn't the fact that I have been in to Canada multiple times mean I should be good to go?

No - it doesn't. It's possible to enter Canada as an American while you are inadmissible - CBSA doesn't always know someone has a charge or conviction that makes them inadmissible.

However I think you probably are fine.

 

[Dougmeadows]

No - it doesn't. It's possible to enter Canada as an American while you are inadmissible - CBSA doesn't always know someone has a charge or conviction that makes them inadmissible.

However I think you probably are fine.

Thank you for the response. Does the fact that my FBI background check came back clean mean I am admissible?

 

[Dougmeadows]

Does anyone else have any info?

 

[Dougmeadows]

Please anyone

 

[Ponga]

I'll just echo what scylla has already said. You MUST disclose the fact that you were detained and/or arrested, in your application (question 6 on the Schedule A form, I believe) and just explain the details. This is paramount, because if you do not answer that question (and any others pertaining to this issue) truthfully, you'll be asking for trouble.

 

[Dougmeadows]

I'll just echo what scylla has already said. You MUST disclose the fact that you were detained and/or arrested, in your application (question 6 on the Schedule A form, I believe) and just explain the details. This is paramount, because if you do not answer that question (and any others pertaining to this issue) truthfully, you'll be asking for trouble.

Thank you for the response, I fully intend to make it known on IMM5669. This is one of the reasons I had a legal opinion letter done. It includes all my paper work from the incident and elaborates why I'm admissible to Canada. i am also allowed to describe in my own words what happened. From what I have read, it doesn't seem like it should be an issue

 

[Ponga]

Agreed. IMHO, you should be fine...but that's merely my opinion.

Good luck!

 

[Ponga]

Hmmm...Just found this:
http://www.temporaryresidentpermitcanada.com/deferred.php

Three parts here that got my attention:

"An American participating in a deferred adjudication program can be denied entry to Canada due to criminality. Similar to deferred prosecution programs, pretrial diversion programs can also enable an individual with a first offense DUI to avoid a criminal record. A pretrial diversion program does not require the defendant to plead guilty or "no contest" since the case does not actually go to trial unless the accused fails to meet the program's conditions. Even without a guilty plea, however, any DUI deferral or other similar program such as pretrial intervention (PTI), accelerated pretrial rehabilitation, or accelerated rehabilitative disposition, can render an American criminally inadmissible to Canada. There is no presumption of innocence when it comes to Canadian immigration, which means that any foreign national who has been arrested for DWI risks a Canadian border denial until they have documented proof of a favorable outcome.

So the obvious question is, since you appear to have such documented proof of a favorable outcome, would that pacify CIC?

 

[Ponga]

And then, there's this:

http://www.cicnews.com/2014/09/criminal-inadmissibility-canada-famous-fallible-093753.html

Some sentences are not considered convictions for the purposes of Canadian immigration. Examples of non-convictions include deferred adjudication, conditional discharge, dismissed charges, and nolle prosequi. Sentencing, however, varies between jurisdictions, including the states that make up the United States. An attorney can let an individual know if the outcome of a case resulted in a conviction for the purposes of Canadian immigration, and prepare a legal opinion for the person to take to the Canadian border.


Gotta love the ambiguity between Google search results!