If you’re a U.S. citizen, U.S. permanent resident (green card holder), or a U.S. non-immigrant (for example, in the U.S. on a temporary visa) planning to visit Canada, study, work, or immigrate, a past arrest or conviction can trigger criminal inadmissibility under IRPA s. 36.
Source: IRPA s. 36
Why U.S. travellers get refused
Canada can assess inadmissibility based on:
● a foreign conviction, or
● a foreign act that would be an offence in
Canada (even if it happened in the U.S.).
Source: IRPA s. 36 (foreign convictions/acts)
DUI / DWI and impaired driving
A DUI/DWI (including drugs/cannabis) is one of the most common issues for U.S. travellers. IRCC states that if you’ve been convicted of impaired driving, you may be inadmissible for serious criminality, whether it happened in Canada or outside Canada.
Source: IRCC “Convicted of driving while impaired”
Impaired driving is a Criminal Code offence in Canada (s. 320.14).
Source: Criminal Code s. 320.14
https://laws-lois.justice.gc.ca/eng/acts/C-46/section-320.14.html
Misdemeanors, felonies, and “hybrid” offences
U.S. “misdemeanor vs felony” labels don’t control the outcome. What matters is Canadian
equivalency (what the offence would be in Canada) and whether it meets “ordinary criminality” or “serious criminality” thresholds.
Source: IRPA s. 36
A common surprise: under IRPA, an offence that can be prosecuted summarily or by indictment (a hybrid offence) is deemed indictable for inadmissibility purposes.
Source: IRPA s. 36(3)(a)
Expungements and pardons
Even if a U.S. record is sealed/expunged, admissibility can still depend on the Canadian legal assessment and the documents available. The safest approach is to have the outcome reviewed with the actual court records and dispositions.
Source (framework): IRPA s. 36 equivalency/foreign conviction analysis
Options
Depending on your history and timing, options may include:
● Criminal rehabilitation (to overcome inadmissibility in eligible cases).
Source: IRCC Guide 5312 (Rehabilitation)
FAQs
I’m applying for a Canadian study permit—can my U.S. criminal history prevent approval?
Yes. A U.S. conviction can lead to inadmissibility if the offence would be criminal in
Canada and meets IRPA s. 36 thresholds.
Source: IRPA s. 36
I’m only driving to Canada for a weekend—can I still be refused at the border?
Yes. Visitors are assessed for admissibility on entry, even for short trips.
Source: IRPA s. 36
I have a DUI from the U.S.—is that a problem for Canada?
It can be. IRCC specifically warns impaired driving convictions may result in inadmissibility
for serious criminality.
Source: IRCC impaired driving page
Call A&M Canadian Immigration Law Corporation: (204) 442-2786
Been refused at the border or worried about a U.S. record affecting travel, a study permit, a work permit, or immigration? A Canadian equivalency review can change the outcome. A&M has 7 years of practice and is widely trusted in Winnipeg and Manitoba. Contact Dr. Muhammad Abrar,
Principal Lawyer, for a detailed assessment.
Written by:
Dr. Muhammad
Abrar (Barrister and Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and Statistics Analyst
