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: sections 33 and 36 of the Act and IRCC’s fees (modified September 21, 2026) checked that day.
The fix: if the trip can wait until the case ends, wait. If it can’t, apply for a temporary resident permit with the court documents and a clear reason for the trip.
The deadline: your travel date. A permit application needs time, so start well before it.
Why a lawyer: how your US case ends, and what you say at the border, decide whether this becomes a short delay or years of inadmissibility. Why a lawyer
The lawyers who handle these files
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout 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 have been charged with a DUI or another offence in the United States and the case is still open, you may be refused entry to Canada even though you have not been convicted. For acts outside Canada, section 36 of the Act covers “committing an act” that would be a crime here, and section 33 only requires “reasonable grounds to believe” the facts. A DUI is serious criminality under Canadian law. Officers can act on a pending charge without waiting for the US court. The safest course is to wait until the case is resolved; if you must travel, a temporary resident permit is the usual route.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, helps US travellers with pending charges and criminal records get temporary resident permits and plan for rehabilitation; this guide is by Sundeep S. Grewal.
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Why can a charge matter at the border?
- Acts outside Canada: under section 36(1)(c) and (2)(c), a foreign national can be inadmissible for committing an act outside Canada that is an offence where it was committed and would be an offence in Canada, without a conviction.
- A low standard: under section 33, the facts only need to be ones for which there are “reasonable grounds to believe” they happened.
- DUI is serious: impaired driving in Canada carries a maximum of 10 years, which puts it in serious criminality under section 36(1).
What happens at the border while the charge is pending?
A pending charge usually leads to secondary inspection. The officer may ask for the police report and court documents and will look at the conduct behind the charge, without waiting for the US case to end. The question is whether there are reasonable grounds to believe you committed an act that would be an indictable offence in Canada (including an offence that can be prosecuted either way). If the officer decides you are inadmissible, you may be allowed to withdraw your application to enter and turn back, or the officer may write a section 44 report.
What if the charge is dismissed or I’m acquitted?
A final acquittal or not-guilty finding ends the criminality problem for that offence: CBSA’s enforcement manual says officers cannot then rely on either the conviction ground or the “committing an act” ground for it. A dismissal or withdrawal is less certain. It can resolve the concern, but IRCC says inadmissibility may still arise depending on why the charge ended and what evidence remains. Carry the certified court disposition, and any reasons for a dismissal, when you travel.
Why this needs a lawyer
One lawyer, one file, every step:
- reading the US charge and court documents against Canadian law;
- a temporary resident permit application for a trip that cannot wait;
- advice your US criminal lawyer can use on how outcomes affect entry to Canada;
- criminal rehabilitation later, if there is a conviction.
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 are my options?
- Wait until the case ends, if the trip can wait. An acquittal ends the problem for that offence, and a dismissal often helps.
- Apply for a temporary resident permit if you must travel, with the charging documents, the court schedule and proof of why the trip matters.
- Tell your US lawyer that you travel to Canada, so they understand what different outcomes mean.
- Answer CBSA truthfully if asked. Denying a charge is misrepresentation, which brings a five-year bar.
- After a conviction, plan for a permit until you can apply for criminal rehabilitation.
A pending US charge at a glance
| Question | Answer | Source |
|---|---|---|
| Does a conviction have to exist? | No, for acts outside Canada | IRPA s.36(1)(c), (2)(c) |
| Standard of proof | Reasonable grounds to believe | IRPA s.33 |
| DUI under Canadian law | Serious criminality | IRPA s.36(1) |
| Temporary resident permit fee | $246.25 | IRCC fees |
| After an acquittal | No criminality ground for that offence | CBSA enforcement manual (ENF 6) |
| After a dismissal or withdrawal | Depends on why it ended and the evidence | IRCC guidance |
| Misrepresentation bar | 5 years | IRPA s.40(2)(a) |
Worked example: the business trip
Example. A Seattle engineer charged with a DUI in August has a court date in February. His company needs him at a Vancouver project meeting on Monday, December 7, 2026. Six weeks before, he applies for a temporary resident permit with the police report, the charging document, his lawyer’s letter on the court schedule, his employer’s letter on the meeting, and proof he will return home. He does not try to cross until he has an answer.
Mistakes I have seen
- I have seen travellers answer “no” to the criminal question because “I haven’t been convicted”.
- I have seen travellers plead to a lesser charge without asking how it would affect entry to Canada.
- I have seen travellers book non-refundable trips before checking whether they could enter.
Frequently asked questions
Is a reduced charge like “wet reckless” better?
It may be, but it depends on what the Canadian equivalent would be. Get advice before you accept a plea.
What about a deferred prosecution in Washington?
It has its own issues. See our guide on Washington DUI deferred prosecution.
Can I apply for criminal rehabilitation while the charge is pending?
No. Rehabilitation comes later, at least five years after any sentence has been completed. Until then, a temporary resident permit is the route.
Related guides
See our guides on entering Canada with a DUI, temporary resident permits for Americans and being turned back at a BC crossing.
What should I do right now?
Get your police report, charging documents and next court date. Decide whether the trip can wait. If it can’t, start a permit application now, not the week before.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Act, s. 36 (current to October 19, 2026), s. 33 and s. 40
- IRCC: Fee list (modified September 21, 2026)
- IRCC/CBSA: ENF 6, Review of reports under section 44
This article is general information, not legal advice. Every case depends on its own facts.