A criminal record and border travel restrictions
A criminal record comes with many restrictions when travelling across the border. There are many myths surrounding the types of crimes that may or may not make you inadmissible into the US, and the circumstances that could deny you entry into the United States. Approximately 20.72 million visitors entered the US from Canada in 2019. Canadians choose to enter the US every day for a variety of reasons, such as business, leisure or family matters. Many Canadians choose to cross the border just for the day to go shopping or to visit their favourite restaurant. When deciding to make these short trips, the majority of Canadians wouldn't think twice about being denied entry in the Country for a crime that may have been committed 20 years prior. If you're trying to enter the US with a criminal record, you will need a US Entry Waiver.
What are the common myths about travelling to the US with a criminal record?
The main point to consider is that the US Border Officer makes the final decision on whether to refuse someone entry or not. They have the authority to refuse someone entry for any reason that they feel could be a threat to their country. Individuals may not have ever committed a crime, but can still be refused entry due to something they said to the Border Agent. Determination as to who will be allowed entry is solely up to the discretion of the Border Agent that day, and is given on a case by case basis, in view of all of the relevant factors. The Agents’ job is to keep their country safe and will refuse anyone entry who they deem to be undesirable or a threat. Once an individual has been refused entry once, they will need to apply for a US Entry Waiver for the rest of their lives.
Can I be denied entry for minor charges?
Unlike gaining entry into Canada, a single DUI conviction is not grounds to deny entry into the US. However, individuals with criminal records that may not seem serious can still be denied entry. “Moral turpitude” is an act or behavior that severely violates the sentiment or accepted standard of the community. “Moral turpitude” typically includes crimes that relate to fraud, theft, drugs, violence and/or intent to harm persons or things. With this being said, this leaves a large number of Canadian travellers in the dark about whether or not their record falls under those categories, leading to greater risk when attempting to enter the US.
My charges are from many years ago, could I still be refused entry?
It’s a common misconception that if an individual's charges are over a certain amount of time ago, they won’t show up in the system or it won’t affect them entering into the US. This notion has led to many Canadians being refused entry when crossing into the States. Many Canadians are unaware of the fact that even if their charges are 20 years old or more, this can still lead to them being denied entry into the US. Regardless of whether the charges seem dated, or a person’s record has been clean for decades, Border Officers can deny access to anyone.
I have a Pardon within Canada, can I gain access to the US?
Acquiring a Record Suspension (formerly known as a Pardon) is very beneficial for all Canadian individuals who have a criminal record. Although obtaining a Pardon is very beneficial within Canada, the US does not recognize Canadian Pardons, and having a Pardon alone would not grant you entry into the country. Individuals who have obtained a Pardon should also apply for a US Entry Waiver which would grant them travel into the US. If an individual is applying for a Pardon as well as a US Entry Waiver, or they have previously been granted a Pardon before applying for a Waiver, this will strengthen the Waiver application. Having a Pardon will show the Department of Homeland Security that the individual applying for the Waiver is rehabilitated and they may have a higher chance of getting the Waiver application approved, along with getting it for the full 5 years. Find out more.
I’ve crossed the border into the US many times, does this mean I’ll never be denied?
Many travellers who have a criminal record are under the assumption that because they have successfully crossed the border multiple times without any issues, they will never be denied. However, this is false. It is possible for individuals to cross the border and for the Border Agents to allow them access, but if an Agent decides to do a check on an individual and they see that they do in fact have a criminal record, then they can be denied. Border Officers have the right to do further screening on individuals at any time, and when their criminal history appears, they may be denied entry and even detained.
Could I be denied even if I don’t have a criminal record?
Ultimately, Border Agents have the authority to deny anyone entry if they feel they could be a possible threat to the country. They have the right to ask you questions regarding any possible criminal activity, and even check your phone for incriminating information. Individuals have been denied entry based on the fact that they have committed a crime in the past but were not caught, such as taking drugs. People have also been denied based on what Agents have found in text messages on their phone. Furthermore, if you had a charge that was withdrawn, or even some negative contact with police, this could also be a reason for denial. If you were charged but not convicted, the border officer can still deny you based on the grounds that you have been arrested. If you are denied at the border and you don’t have a criminal record, you will then need a Waiver to enter the US for the rest of your life.
Which crimes make me inadmissible to the US?
Unlike entering Canada, having one DUI or one simple assault charge will not make you inadmissible to the US. However, having multiple of these charges may cause concern and the border officer may deem you inadmissible. All other charges would make you inadmissible into the US and you would require a US Entry Waiver to enter the country.
Entering the US with a criminal record is risky and not guaranteed without the proper paperwork. A US Entry Waiver clears the way for travel across the border and gives you and your family peace of mind and permission to enter and travel to the United States.
