June 7, 2013

Can you go to the USA with a Criminal Record in Canada?

By AllCleared | 3 Min Read

By Heather WhiteIf you have found yourself thinking:

Can I travel to the US with a criminal record?

...then this information is for you! In order to determine whether a Record Suspension (formerly called a pardon) or a US waiver would be best suited to you, choose the paragraph that suits your situation the best. Hopefully, they'll help you avoid having to endure what this guy did.

1. I was denied entry to the United States because of my Canadian criminal record

If you have already tried entering the US with a criminal record and have been denied entry, you need a US waiver. One of the services that we offer at Pardon Services Canada is filling out the necessary paperwork for a US waiver. This includes getting a criminal record check, accessing court documents, and ensuring all questions on the application forms are filled out correctly. Once your US waiver application is completed, you must personally submit the application at a designated port of entry or Preclearance location, as Homeland Security requires one more set of fingerprints from you (generally taken digitally). When processing your waiver application, Homeland Security decides whether your waiver will be valid for anywhere between 1 and 5 years. If you have more questions, we're the experts, so let us help you: fill out this simple contact form. If you are a Canadian denied entry to the US, this service will help you get back into the country.

2. I have not been to the United States during the time that I have had a Canadian criminal record

If you have a criminal record but have never tried to enter the United States, a Record Suspension would be best suited to your needs. Unfortunately, the USA does not recognize Record Suspensions; however obtaining a Record Suspension will remove your record from the CPIC system. This is the database that the US Center for Border Protection (CBP) officers use to find out whether or not you have a criminal record (Click here to see how the US uses the CPIC to learn about your criminal history). What this means is, if you are asked if you have a criminal record while you are crossing the border, you can honestly answer “no”. In addition, if you are randomly selected for a criminal record check, then nothing will show up on CPIC and the border official will find no grounds to deny you entry. If you have more questions, we're the experts, so let us help you: fill out this simple contact form.

3. I have been to the United States with a criminal record but have not been denied entry

If you have a criminal record and have travelled to the USA without being denied, it is possible that you have been convicted of an offence that does not usually require waivers to get into the States. In order to find out if your offence will result in being denied, please do not hesitate to contact our offices. Alternatively, you can check out the U.S. Department of State Foreign Affairs Manual Volume 9 directly. If however the case is just that you have been extremely lucky when crossing, you should consider getting a Record Suspension. A Record Suspension will ensure that if the United States border guards do a criminal record check on you then nothing will show up. If you have more questions, we're the experts, so let us help you: fill out this simple contact form.

4. I was convicted of an offence but received an absolute discharge

If you have received an absolute discharge for all of your offences, then you generally do not require a US waiver to enter the United States. If you have more questions, we're the experts, so let us help you: fill out this simple contact form.

5. I was convicted of an offence but received a conditional discharge

If you have received a conditional discharge for one or all of your offences, then you may be denied entry into the United States. In this case, it is best to contact our offices to get further information regarding your circumstances. For further reading, check out this post on how to apply for a pardon. If you have more questions, we're the experts, so let us help you: fill out this simple contact form.

Take the time to read this witty poem:

I have a criminal record
And I don’t know what to do
My partner wants to go shopping
But the border line’s a zoo.
I fear that if I enter
My partner will have no doubt
About all of the reasons
That the U.S. threw me out.
I need help now
I need help fast
Before we miss the warehouse sales
And my partner kicks my… (stuff out of our house).

LinksApply for a Record Suspension, or book your free consultation today, and see what new opportunities await you!