How to Cross the Canadian Border with a DUI

Written by Jennifer Mueller, JD

Updated: June 16, 2019

Driving under the influence of drugs or alcohol is a felony offense in Canada, and you may be denied entry at the border. If you have a legitimate reason to travel to Canada, such as a business meeting, you can apply for a Canadian temporary resident permit (TRP). If you travel to Canada frequently, you can petition for criminal rehabilitation to become permanently admissible into the country. Canadians crossing the border into the US typically won't be stopped because of a single DUI. If you have other convictions on your record, you can request a waiver of inadmissibility.[1]

Method One of Three:
Getting a Canadian Temporary Resident Permit

  1. 1
    Use a temporary resident permit (TRP) as a short-term solution. The TRP only allows you to enter Canada for a specified reason, and only for a limited period of time. If you need to return to Canada, you must apply for another TRP.[2]
    • You cannot apply for rehabilitation until 5 years have passed since your conviction. During that 5-year period, if you need to travel to Canada, a TRP is your only option.
    • The TRP typically is only issued if you have a business purpose to be in Canada, or if you are visiting Canadian family. It usually isn't issued for leisure travelers.
  2. 2
    Order FBI and state police background checks. To get a TRP, you must submit official criminal criminal background checks from the FBI and any state where you have a conviction. Since these can take time to process, order them well in advance of any planned trip to Canada.[3]
    • You typically must go to your local police station and get a fingerprint card to submit with your request for a background check. Expect to pay a fee for your fingerprints (usually less than $20), as well as a fee for your background check reports (usually less than $50).
    • You can submit your request to the FBI electronically at Electronic requests can be completed in 3 to 5 days, as opposed to 14 to 16 weeks for mailed requests.[4]
  3. 3
    Gather the required documents. In addition to your background checks, you must also provide additional documentation to prove your citizenship, family circumstances and responsibilities, and court documents related to your conviction.[5]
    • A checklist of documents you need is available at
    • You also need evidence of the reasons for your travel to Canada. For example, if you need to travel to Canada to attend a work-related conference, you could show your receipts for registration to the conference.
    • Get 2 passport-sized photos taken within the last 6 months. These will be used for your TRP, if issued.
  4. 4
    Complete your application. The application for a TRP is the same as the application for rehabilitation. If you are applying for a TRP only, check the box at the top of the first page next to "For information only" and write the letters "TRP" in the blank.[6]
    • Download a copy of the form at
    • Fill in sections A and B of the form thoroughly and accurately. Attach additional sheets if necessary to provide a complete answer to a question.
    • Questions 19 and 20 ask for all addresses you've had since the age of 18, as well as all employers you've had since the age of 18. Your application will be rejected if you leave any gaps or periods of time unaccounted for.
  5. 5
    Submit your application with fees. The fee for the application is C$200. You can pay this fee online, or in person when submitting your application at the border. This fee is completely nonrefundable, regardless of the outcome of your application.[7]
    • While you can apply in person at the border, it's typically better to mail your application to a regional visa center and get an answer before you begin your travel.
  6. 6
    Receive your permit. Upon reviewing your application and the documents you've submitted, a Canadian immigration officer will decide whether to give you special permission to enter Canada on a temporary basis.[8]
    • A TRP only permits you to enter Canada for the specific dates listed. However, your TRP expires the moment you leave Canada. If you returned to the US early, you would not be able to re-enter Canada without going through the TRP application process again.
    • If a TRP is not issued, you'll receive an explanation why. If the reason for the refusal is something you can correct, you are welcome to make that correction and submit another application. You will have to pay another C$200 fee.

Method Two of Three:
Applying for Canadian Criminal Rehabilitation

  1. 1
    Calculate the 5-year period. You must wait 5 years after your conviction before you are eligible to apply for rehabilitation. However, that 5-year period may start at a different time, depending on the type of sentence you served.[9]
    • Generally, you count 5 years from the date that any sentence ended. If you were sentenced to a period of probation, probation is considered part of the sentence. Your 5-year period starts from the end of the probation period.
    • If you had a suspended sentence, the period begins on the date of sentencing. If you were merely prohibited from driving for a period of time, your 5-year waiting period begins on the day the suspension ended.
  2. 2
    Request new background checks. Even if you've previously submitted background checks for a TRP application, you may need new ones. The background checks you submit with your rehabilitation application can't be more than 6 months old.[10]
    • You will need criminal background checks from the FBI as well as from any state where you have lived. Order these well in advance of the date you want to submit your application, since they may take several weeks to get.
    • You typically must first get fingerprinted at your local police station. Submit the fingerprint card along with your background check request. Expect to pay fees for fingerprinting and for background check reports. These fees typically total less than $100.
  3. 3
    Gather the required documents. You must submit documents along with your application to prove your identity, your criminal record, and your subsequent rehabilitation. Your application is more likely to be approved if you have more documents to support your case.[11]
  4. 4
    Fill out the application for rehabilitation. The application for rehabilitation is the same as the one you may have completed previously for a TRP. Fill out each question completely and accurately, attaching additional sheets as necessary.[12]
  5. 5
    Mail your application to a regional visa office. Canada only accepts criminal rehabilitation applications by mail or courier. Make a copy of all the documents you're sending for your records before you mail your package. Your application must be accompanied by payment of the C$200 fee.[13]
    • If you paid the fee online, include a copy of your confirmation receipt for payment.
    • You can determine the correct address to submit your application and package of documents by visiting
    • Use a method that allows you to track your package, so you know when it has been received by the regional visa office.
  6. 6
    Wait for notice of the decision. Once your application package has been received, it will be reviewed by an immigration officer. If necessary, it will be forwarded to the minister's office for additional approval.[14]
    • You will receive notice in the mail. It may take up to a year for your application to be processed. If your application is denied, your notice will include the reasons for the denial. If these reasons are something that you can correct, you are welcome to correct the problems and re-apply.

Method Three of Three:
Getting a US Waiver of Inadmissibility

  1. 1
    Apply in advance if you need a waiver. It can take up to a year to process a waiver of inadmissibility. While you normally wouldn't be denied entry to the US with a single DUI, multiple DUIs or other convictions could require you to go through the waiver process.[15]
    • If you have doubts about whether you can enter the US, or if you've previously been denied entry, you should go ahead and apply for a waiver.
  2. 2
    Contact a Preclearance office in Canada. Staff at the Preclearance office can review your case and let you know exactly what paperwork you'll need for your waiver. Getting guidance may decrease your wait time for a waiver.[16]
  3. 3
    Order your criminal record from the Royal Canadian Mounted Police (RCMP). Canadians can contact their local RCMP office to get fingerprints and order a criminal background check to accompany their waiver application.[17]
    • The RCMP will charge you a fee of C$25. Then they will give you a letter, which should accompany your waiver application.
  4. 4
    Complete Form I-192. Form I-192 is the application for a waiver of inadmissibility and advance permission to enter the US. Both the form and instructions for filling it out are available on the US Citizenship and Immigration Services (USCIS) website.[18]
  5. 5
    Get a US fingerprint chart done. If you plan to submit your application in person, your fingerprints will be taken by a US Customs and Border Protection officer at that time. If you mail your application, you'll get instructions on how to complete this step of the process.[19]
    • You can also get fingerprints taken at a Preclearance office in Canada. There is no additional fee for these fingerprints.
  6. 6
    Fill out the biographic information form. This form must accompany any application or petition submitted to the USCIS, and requires you to provide information about yourself, including your residence and employment history for the past 5 years.
    • You can probably copy much of this information from your I-192 form, since many of the questions are the same.
  7. 7
    Secure a check for payment of fees. The application fee for a waiver of inadmissibility is US$585. You must pay this with a certified check in US funds drawn on a US bank. Make the check payable to "U.S. Customs and Border Protection."[20]
    • This fee is nonrefundable, even if your application is denied.
  8. 8
    File your application at a land border port of entry. Some land border ports are authorized to accept and process Form I-192. You will be fingerprinted and get a receipt for your payment of the application fee.[21]
  9. 9
    Wait for a decision from US Customs and Border Protection. It can take up to a year to find out whether your waiver has been issued. You'll receive notice of the outcome in the mail. If you move after submitting your application, make sure to update your address.[22]
    • You can request a status update on your application by sending an email to Use the same email address to send notification of a change of address.

Community Q&A

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  • On the Canadian Application for Criminal Rehabilitation, you must include the offense for which you were convicted along with the Canadian equivalent.[23] If you aren't comfortable researching criminal law, get an immigration attorney to help you.
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  • You may not be able to overcome criminal inadmissibility to Canada if you've had any criminal convictions since your DUI.[24]
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Updated: June 16, 2019
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