Entering US from Canada isn’t easy when you have a criminal record. You probably already know that. Minor incidents can also affect your travel plans. You may have been able to enter the US without any problems previously. However, you might’ve just been lucky. Your record could still turn up at the border. If you don’t disclose the information at the border, the consequences are serious.
Criminal records
Canada and the US share information. This means border officers have access to records at their fingertips. If they decide to check the databases, yours will come up. Serious crimes will prevent entry to either country. When it comes to minor offences, it depends on the offence. Canada is hard on Americans with DUIs. The United States will turn away people with even minor pot possession charges.
Police create a record when they arrest and fingerprint an individual. Technically, US officials should not turn you away in the case of acquittal, conditional discharge, or suspended sentence. However, the record can remain in the database for years. Border officials have powers of discretion to allow or deny entry. If the record is out of date, or unclear, they may refuse entry.
As well, Canada and the US don’t recognize each other’s pardon or expungment policies. You could find yourself detained at the border even with a pardon or Record Suspension.
Temporary waiver of inadmissibility
You might be eligible to apply for a temporary waiver of inadmissibility (Form I-192). This is an option for people who don’t require a visa. Most Canadians don’t need a visa for vacations and other short stays. A different form is available if you want to move to the US (Form I-601).
Make your application prior to travel. It’s a lengthy process. It can take four to 12 months on average. It’s possible to prepare the application without a representative. However, many people prefer to have assistance. Pardon Services Canada can also let you know if your record could be grounds for denied entry.
Travel risks of entering US without a waiver
Entering the US with a criminal record that could deny entry can be risky.
The first time, officials may detain you, deny entry, and tell you to apply for a waiver. They could also question you at length and take fingerprints and photographs.
If you try again, border officials are aware that you know you have a criminal record. They could seize your property, such as your vehicle and personal effects. You could lose your travel fares if you are travelling by plane, train or bus. You might be handcuffed and detained.
If you enter the US and your record is discovered, you could be deported. Getting a temporary waiver becomes increasingly unlikely.
Anyone travelling with you could also have problems. They could also be denied.
It’s important to determine if you can enter before you try to cross. Please, contact us for a free consultation at 1-866-972-7366.
Hi Paul
Its me again. I have a record suspension in 2012 i understand that both countries dont recognize each other pardons but i planned to go to US in this March break. What are my chances to go through?
Thanks
Zibal
Hi Zibal, That depends. Please give us a call so we can ask you some questions confidentially and let you know if you need a waiver to cross the border 1-866-972-7366 . There is no cost to the call.
Ok i will.
I know that both me and my husband will need a waiver to enter the US. I am wondering how much they are. We want to take our two children to Disney for Christmas this year. I imagine we will need to start the process soon?
Hi Carrie, If you are planning to travel this year, you should start the process right away. The RCMP can take up to 120 days to provide your criminal records and the US Department of Homeland Security can take four to six months to decide on your application. Submitting the application to the border security costs $585 USD. If you choose to go with our service we have a few levels of service. Please, contact us for a free consultation at 1-866-972-7366.
If u have never crossed the border with a criminal recordered and u end up getting a recorded suspension … the United States will not be able to see ur recored…. its only if u have crossed before the recored suspension while having a criminal recored will they know if u have a criminal recored …. is that true
Hi Kyle,
Thank you for your question. When the US and Canada first started sharing criminal record databases it was believed that the US could not see a pardoned record unless they flagged you by sending you to secondary screening prior to your record being pardoned (or suspended). You might see this stated on various sites around the web. However, it has since become apparent that many people with pardoned records have been turned back. It appears that the Customs and Border Patrol keeps its own database and will not remove suspended or pardoned records.
Hi Paul,
I would like to enter US for a vacation but I have a criminal records. Domestic charged. What do I need to enter US? Do I need to apply for US Waiver?
Hi Vince, Thank you for your question. Generally you can enter the United States without a waiver if you have an assault charge on your record. However, if it was very serious, you may need a waiver. Please call for a free consultation.
looking to go to a wedding in the US via airplane. I have a possession of a controlled substance charge, what’s my.chances of getting denied entry ?
Hi Charles, The US takes any sort of drug possession charge very seriously. We strongly advise that you apply for a waiver in this case.