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 If the record is out of date, or unclear, they may refuse entry.As well, Canada and the US don't recognize each other's pardon or expungment policies.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.
