DUI Entry to Canada

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Canada Removal Order

Sometimes there can be confusion between a Denial of Entry to Canada and a Removal Order. If you go to the Canadian border of port of entry and receive a Denial or Refusal of Entry, this means that you are inadmissible to the country. One of the more common reasons Americans find themselves inadmissible is if they have a DUI or DWI charge or another type of misdemeanor on their record. A Removal Order is much different as you must already be in Canada to receive one.

There are 3 basic types of Removal Order that you could receive while in Canada: Departure, Exclusion, and Deportation.

Departure Order

A departure order may be issued against someone in Canada for various reasons. For example, if someone applied for refugee protection and the application was denied or if someone didn't abide with their residency obligations in Canada for permanent resident status, then he or she could be issued a departure order. If the person doesn't leave Canada within 30 days after the departure order starts, then it will be converted to the much more serious Deportation Order.

Exclusion Order

An exclusion order can be issued against someone in Canada for things like financial grounds, health grounds or misrepresentation. Usually when issued an exclusion order, someone cannot return to Canada within 1 year without special permission from the Canada Border Services Agency (CBSA). However, in cases of misrepresentation this becomes 5 years.

Deportation Order

If you are issued a deportation order while in Canada, the implications are very serious. Essentially you are barred from Canada and can never return until asking for permission from Citizenship and Immigration Canada. A successful Authorization to Return to Canada (ARC) application will be necessary in order to enter Canada once again.

After Receiving a Removal Order

Once someone receives any type of removal order, it is important to make every effort to fulfill its conditions and exit Canada if necessary. The CBSA must be aware that you complied with the conditions of the removal order, otherwise when you attempt to gain entry to Canada in the future, the consequences could be harsh.

There have been cases where Americans lived in Canada many years ago for work or study and may have been issued a removal order. Sometimes he or she may not even be aware of the order or have forgotten the details since it was so long ago. If you think you may have received a Canadian removal order and are curious about your options for going to Canada, contact our experienced and highly trained team of legal professionals today!

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