Retirement in the US is an attractive proposition for many Canadians. There are no major language or cultural barriers, Americans are friendly and welcoming and, usually, you can get a deal on the dollar. Many Canadians like to buy or rent properties in the southern states in order to enjoy summer all year. Sipping drinks by the pool beats shovelling snow.
Arizona, California and Florida are some of the most popular retirement destinations, but Canadians are also discovering places like Texas, Nevada and New Mexico. Some Canadians would rather buy an RV and make the whole continent their home. Is this lifestyle available to you if you have a criminal record?
Can you be a snowbird with a criminal record?
The easiest way to enjoy your retirement in the US is simply to head south for six months of the year. Senior citizens who choose to do this often pick the winter months, hence earning the label “snowbirds.”
If you have a criminal record, you may already be admissible to the United States, or you may need to obtain a US Entry Waiver. Some types of criminal records, such as DUI, will not prevent you from travelling to the US like any other Canadian citizen. However, you should get a waiver if you have a “crime of moral turpitude” or a drug conviction on your record. Keep in mind that even a possession charge from your college days can make you inadmissible to the United States.
One you have a Waiver, you can enter the United States. However, it is strongly advised that you apply before making any long-term plans to live in the United States. It takes about a year from starting the application process to getting the Waiver.
Keep in mind that even if you have a pardon or Record Suspension in Canada, you can be denied entry to the US.
Can a retiree become a permanent resident of the USA with a criminal record?
One of the most popular programs for retirees is the EB-5 investor category. The other option is to get a Green Card in order to work for a company in the US and then retire.
If you are inadmissible to the United States because of a drug conviction, aggravated felony or a crime of moral turpitude, it may be very difficult if not impossible to gain permanent residency. Some exceptions are available if:
- You were under 18 at the time
- It was a petty offence (the maximum sentence was a year and you served no more than six months in jail)
You may be able to immigrate if your spouse is already a US resident and you can show that it would cause “extreme hardship” to be separated. However, this can be very difficult to prove. An immigration waiver is more complex than a visitor waiver and if you are denied you can’t apply again. You should get an immigration attorney to handle your case if you want to live permanently in the US with a criminal record.
Even if you have the high net worth needed to become an investor, you may find it easier to simply divide your time between the two countries. A temporary US Entry Waiver is good for one to five years. If you don’t get a five-year waiver on your first try, you may get one on your second or third application. Most seniors have pretty good chances of success on their first application because their records tend to be well in the past. If you would like to experience the freedom of retiring in the USA part-time, contact AllCleared for a free consultation at 1-866-972-7366.