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Turned back at the Peace Arch, Pacific Highway or Sumas crossing: why US visitors are refused, and how to come back

By Sundeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.

Updated November 10, 2026: section 36 of the Act, sections 18, 42 and 225 of the Regulations and IRCC’s fees (modified September 21, 2026) checked that day.

The fix: find out exactly why you were refused and what the officer recorded. For a criminal record, a temporary resident permit for the next trip, and criminal rehabilitation once you are eligible.

The deadline: none to come back, but plan ahead. If you were given an exclusion order, you need written authorization to return within one year.

Why a lawyer: arriving at the same crossing with the same problem usually ends the same way, and a second refusal is recorded too. Why a lawyer

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The lawyers who handle these files

Sundeep S. Grewal, Barrister and SolicitorSundeep S. GrewalBarrister and SolicitorPrabhpreet Kaur Sangha, Barrister and SolicitorPrabhpreet Kaur SanghaBarrister and SolicitorPardeep S. Grewal, Barrister and SolicitorPardeep S. GrewalBarrister and Solicitor
About our lawyers

Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.

Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.

Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.

If you are an American who was turned back at the Peace Arch (Douglas), Pacific Highway or Sumas (Huntingdon) crossing into British Columbia, a CBSA officer decided you could not enter Canada that day. The most common reasons are a criminal record, including a DUI, a past overstay or unauthorized work in Canada, and answers that did not hold together. How it ended matters: many travellers are allowed to withdraw their application to enter and simply drive back, which leaves no removal order. Others are reported and given an exclusion order. Either way, the refusal is on record, so the next trip needs a plan, not a second try.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, close to the Washington border crossings, helps US visitors who were refused entry get temporary resident permits and criminal rehabilitation; this guide is by Sundeep S. Grewal.

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Why are US visitors turned back?

  • A criminal record, including a single DUI, under section 36 of the Act. See our guides on entering Canada with a DUI and with a misdemeanor.
  • Past immigration problems, such as an earlier overstay, working without a permit, or a removal order.
  • Working without a permit: coming to do a job in BC that needs a work permit.
  • Answers that don’t match earlier entries or records.

Why this needs a lawyer

One lawyer, one file, every step:

  • getting your CBSA records to see what the officer wrote;
  • a temporary resident permit application for a trip that matters;
  • criminal rehabilitation once you are eligible, so the problem ends for good;
  • an authorization to return if you were given an exclusion order.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

What did the officer’s decision mean?

  • Allowed to withdraw: under section 42 of the Regulations, an officer can allow you to withdraw your application to enter and leave. There is no removal order, but the refusal is recorded.
  • Exclusion order: if you were reported, you may have been given an exclusion order. Under section 225(1), you then need written authorization to return to Canada “during the one-year period after the exclusion order was enforced”.
  • Referral to a hearing: less common at a land crossing, and usually for more serious issues.

For the general rules at any port of entry, see our guide on being refused entry at an airport or border.

What are my options?

  1. Get your records from CBSA, so you know exactly what was recorded.
  2. A temporary resident permit for a specific trip, if your reason for travel justifies it.
  3. Criminal rehabilitation, once at least five years have passed since your sentence ended.
  4. Check deemed rehabilitation if your record is old and minor. Under section 18(2) of the Regulations, a single offence that carries a Canadian maximum under 10 years can be deemed rehabilitated 10 years after the whole sentence was completed. For a DUI, the offence date matters: before December 18, 2018, the Canadian maximum was five years; since then, it is 10, which rules deemed rehabilitation out.
  5. An authorization to return, if you were given an exclusion order and want to come back within a year.

Turned back at a BC crossing at a glance

Question Answer Source
Allowed to withdraw No removal order; refusal recorded IRPR s.42
Exclusion order Authorization needed to return within 1 year IRPR s.225(1)
Temporary resident permit fee $246.25 IRCC fees
Criminal rehabilitation fee $246.25, or $1,231.00 for serious criminality IRCC fees
Authorization to return fee $492.50 IRCC fees
Deemed rehabilitation 10 years after the whole sentence, in limited cases (not for a DUI after December 17, 2018) IRPR s.18(2)

Worked example: the weekend trip

Example. A Bellingham resident with a 2017 DUI is turned back at Pacific Highway on Friday, December 4, 2026, on the way to a family wedding in Surrey, and is allowed to withdraw. He paid his last fine in 2018. Because the offence was before December 18, 2018, when the Canadian maximum was five years, he may be deemed rehabilitated in the future, but not until 10 years after he completed his whole sentence: 2028 at the earliest. More than five years have passed, so he can apply for criminal rehabilitation now. He gets his court records, applies for rehabilitation, and applies for a temporary resident permit for a family visit while that is decided.

Mistakes I have seen

  • I have seen travellers try a different crossing the same day after being refused at another.
  • I have seen travellers say they had “no record” because a charge was reduced or the record was sealed in the US.
  • I have seen travellers wait until the week of a wedding or funeral to apply for a permit.

Frequently asked questions

Can I apply for a temporary resident permit at the border?

US citizens can ask at the port of entry, but approval is discretionary. Applying in advance with a full package is usually safer for an important trip.

Will a NEXUS card help?

No. NEXUS does not cure a criminal record or a past immigration problem, and a refusal can put your membership at risk.

My record was expunged in Washington. Does Canada care?

It may. Canada looks at what happened, not only how the US state now treats it. See our guide on Washington DUI deferred prosecution.

See our guides on temporary resident permits for Americans, entering Canada with a felony and a pending US DUI or criminal charge.

Related guides: a US cannabis conviction and reckless or negligent driving in Washington.

What should I do right now?

Find any paperwork CBSA gave you and note whether it says “allowed to leave” or “exclusion order”. Get your court records. Don’t try another crossing until you have a plan.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

Ready to book? Open the booking form ↑

Sources (official)

This article is general information, not legal advice. Every case depends on its own facts.