Originally published: March 23, 2012, Updated: March 20, 2024
Whether you're visiting relatives, seeking medical care, or sightseeing, there are plenty of reasons for a short-term U.S. visit. But just because you won't be there long doesn't mean you get a free pass — and you may need a Canadian pardon to keep things moving.
The Many Benefits of Obtaining a Canadian Pardon
A Canadian Pardon, also known as a record suspension, doesn't erase your past. But it does change what shows up on a background check.
If you've got a criminal record, then short-term travel can be a long-term nightmare. The U.S. is a prime example because everyone who passes through a port of entry is subject to Customs and Border Protection (CBP) inspection. This requirement applies whether you're just on a layover or planning a longer stay.
When you pass through inspection, it's not just for customs purposes. CBP officers also check for immigration compliance. This process includes asking you to disclose your criminal record and possibly undergo a background check.
Pardons can facilitate smooth border crossings, but they're not guaranteed entry tickets. U.S. law doesn't recognize them. In some cases, you'll still need a waiver if your crime constitutes an inadmissible conviction.
Nonetheless, having a pardon can help. If CBP wants to deny you, they'll investigate the details of your record and your suspension will show up — which might just convince them you aren't a high risk.
What Are the Differences Between Short-Term and Long-Term Visits to the US?
Nonimmigrant visas are temporary travel documents you can use to visit the U.S. for specific reasons. Many Canadian nationals don't need visas unless they're in non-exempted categories. This applies no matter whether you're entering from Canada or another country.
If you're not a Canadian national, you may want to pay closer attention to your visit's time frame:
- Short-term visitors under B-1 or B-2 tourist visas can stay for up to 6 months. However, the exact timing differs for each person and what country you call home.
- Long-term visits under visas like those in the "H" work series and "F" student series vary depending on the reason for your stay and educational program or employment length.
- The U.S. Visa Waiver Program (VWP) lets you stay for 90 days. But you can't extend your stay and need to be a citizen of one of just 39 approved nations. Also, you're ineligible if you've ever been refused or denied a U.S. visa, and you must pre-enroll in the Electronic System for Travel Authorization (ESTA) program.
One noteworthy exception involves Native Americans and First Nations members. Thanks to a 1794 treaty, these individuals may be able to cross the border freely with the appropriate tribal documentation.
Your stay length can affect your entry requirements. On top of determining what kind of visa you'll need, your travel plans might impact how much scrutiny you receive. For instance, the burden of proving that you won't overstay might be higher for a longer visit.
What are the Criteria for a Pardon for US Entry?
Seeking a Canadian pardon for U.S. entry is the same as pursuing one for any other reason. You'll need to apply to the Parole Board of Canada by following the instructions, paying a fee, and supplying biometric information and criminal reports.
Despite sounding simple, this process can be complicated. If you want to avoid a denial, it's best to talk to a legal consultant who can review your application.
Choosing the Right Option: Comparing Entry Waivers vs. Pardons for Short Visits
Advantages and Limitations of Canadian Pardons for Short US Visits
Canadian record suspensions aren't formally recognized by the U.S. government. They also aren't available for certain crimes. If your pardon doesn't cut it, you'll have to seek an entry waiver — which differs from a visa waiver.
Pros and Cons of Obtaining an Entry Waiver for Short Visits
The Electronic Secured Adjudication Forms Environment (e-SAFE) lets nonimmigrants apply for entry waivers online. It only works for citizens of a few countries, however: Canada, Palau, the Marshall Islands, and the Federated States of Micronesia.
You shouldn't use the e-SAFE system if you're applying for VWP. Entry waivers are only for people applying with Form I-192 (advance permission to enter as a nonimmigrant) or Form I-212 (permission to reapply for permission after deportation or removal).
Should You Seek a Pardon or Entry Waiver?
Unfortunately, there's no universal answer to this question.
Some crimes aren't pardon-eligible under Canadian law. Crimes of moral turpitude that are pardonable in Canada might still make you criminally inadmissible to the U.S. Other people may receive pardons but require waivers due to the political climate, international relations, or other current events. The best option in any case is to talk to an attorney about your specific situation.
Getting the Process Started: Seeking Professional Pardon Services
Record suspension applications aren't rocket science, but they're still complex. You're responsible for getting fingerprinted and may have to contact multiple courts or regional police services to obtain records. How you answer the questions also plays a huge role in whether you'll pass scrutiny.
Even if you're visiting for fun, why gamble with your application? Professional assistance makes it easier to navigate the process and potentially anticipate future travel issues. If you're considering taking a U.S. trip — no matter how short — check your eligibility for a Canadian Pardon first.
