NEXUS Card and DUI
Canada and the United States have a program called NEXUS to expedite the border clearance process for pre-approved individuals who are considered
low-risk. Members of the NEXUS program have reserved lanes at land border crossings allowing them to avoid long waits especially at
peak hours, and also have self-serve kiosks and a seperate line at airport security allowing them to pass through the airport screening process
significantly faster. In addition to being much faster, people going through the PreCheck lane at airports (members of Global Entry, NEXUS, and Sentri programs) can also leave on their belt, shoes, light
jacket, and do not have to remove their laptop from their carry-on bag. These are just some of the reasons why NEXUS is extremely popular amongst frequent travelers in both countries, especially business travelers.
NEXUS Eligibility for US Citizens - Can You Get a NEXUS Card with a Criminal Record?
If you are criminally inadmissible to Canada, you may not qualify for NEXUS. This means that any American with a DUI on their record may not
be eligible for the NEXUS travel program since any impaired driving charge less than ten years old can render a person criminally inadmissible to Canada regardless of which state it occurred in. Anyone with 2 or more "old" DUIs or other charges on their record may also
not be permitted a NEXUS card since they can be inadmissible to Canada even if the charges happened 20 or more years ago. There is also no presumption of innocence for the purposes of
Canadian immigration, which means a drunk driving arrest can also render a person inadmissible to cross the border and consequently ineligible for the program, even though
they have not yet been found guilty in court.
If a person is arrested for drunk driving while a NEXUS member, they risk having their card revoked and may be denied a NEXUS card renewal. According to
the official NEXUS website, NEXUS members need to visit an Enrolment Centre in person
to report any changes that could affect membership status "such as an arrest, a criminal charge, a conviction or a customs or immigration violation in Canada or the United States."
Denied a NEXUS Card and Now Denied Entry to Canada
If you apply for a NEXUS Card and are denied because you have a criminal record making you inadmissible to Canada, you could be refused entry
to Canada on your next visit too. We have received several calls from people who have been crossing the border without a problem for years and then
all of a sudden after being denied a NEXUS card due to a past criminal charge are denied entry to Canada on their next trip. For
individuals who do have a criminal history that makes them inadmissible to Canada, the NEXUS application process can essentially bring it to the attention of border officials. As soon
as a person is arrested and fingerprinted for DUI or DWI they can be considered inadmissible to Canada, but applying for NEXUS may
ensure that the Canadian border will be well aware of this fact when the individual tries to enter the country next.
If your NEXUS application was refused due to criminality, and you still want to cross the Canadian border, you need to overcome your criminal
inadmissibility with a Canada Temporary Resident Permit or Criminal Rehabilitation. If you would like to learn more about entering Canada after
being denied a NEXUS card because of a DUI, phone our team today for a free consultation! We can lay your Canada DUI entry options on the table, and
can even help you get your ducks in a row so you can reapply for a NEXUS card in the future with a clean slate.