The Approval for Rehabilitation is a procedure to be allowed into Canada even if there are severe convictions (such as DUI offenses) on someone’s criminal record. With such severe convictions an individual is otherwise inadmissible to Canada.
The types of convictions that will make a person inadmissible to Canada are laid out in the Canadian Immigration Act. The Immigration Act furthermore describes what exact steps will be required to be allowed into the country if such convictions exist, depending on the severity of the offense or conviction.
The severe offenses and felonies that make it impossible to be allowed into Canada are mostly alcohol or drug related. According to Canadian law, those are punishable by way of indictment under any Act of Parliament by a maximum prison sentence of less than ten years.
For the person that wants to go to Canada with a record of severe convictions (including DUI), this process is a lot more involved than the simpler and more affordable application procedures known as Streamlined Rehabilitation or Deemed Rehabilitation. Those two applications that are normally done at a Canadian port of entry can not be used in cases that involve DUI: The person must instead apply for an Approval of Rehabilitation.
Entering Canada with a DUI: Approval of Rehabilitation
As opposed to applying at a port of entry, this application must be done at the Canadian Consulate in the United States. The application process for an Approval of Rehabilitation uses the same form as those used in the previously mentioned deemed and streamline rehabilitation. The applicant must also submit an Application for Criminal Rehabilitation (Citizenship & Immigration Canada Form IMM 1444).
Documents Required
The Approval of Rehabilitation process will require a lot of paperwork to be produced and submitted correctly. A simple error on any of the forms could delay or even invalidate the entire application. Due to the amount of forms and legal documents required, an experienced immigration lawyer should be consulted. The process will require:
- Photo Identification.
- United States passport or a valid birth certificate.
- A copy of the court documents for each conviction.
- Proof that the conviction has been satisfied and all sentences were completed.
- An recent FBI identification record.
- Police certificates from the state where the DUI conviction occurred.
- Police certificates for any state the person has resided for six months or longer over the past 10 years.
Even after submission of the required documents there cannot be a guarantee whether the application for rehabilitation approval will be successful. This will depend on each individual case and the assessment by Canadian officials. However, with a good immigration lawyer any potential errors on the forms can be avoided and the chances for admission significantly increased. The lawyer will also be able to give further advice in those circumstances where an application might be denied.
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