Every year, thousands of Canadians travel to the United States for work, shopping, catching a flight, or even just to have some fun in the sun. If you are reading this blog post, you are very likely one of them, or at least are considering travelling to the States. But it is getting harder and harder for Canadians to get across the border if they have a criminal record. The single fact that America is our close neighbour south of the border does not stop Canadians from being subject to U.S. immigration law. Canadians trying to enter the United States still need work permits, waivers, and green cards.Back in February, U.S. Customs and Border Protection (CBP) released their 2012 border enforcement efforts. The CBP is the agency within the Department of Homeland Security charged with the management, control, and protection of U.S. borders.
The Odds Are Tough
According to their statistics, in 2012 CBP officers inspected more than 350 million travellers to the United States and arrested nearly 7,700 people wanted for serious crimes at U.S. ports of entry. In addition, the CBP prevented almost 4,200 high-risk travellers from boarding flights destined for the U.S. This represents an increase of 32 per cent compared to 2011.
Making a Proper Risk Assessment
So you have a criminal record—should you just take the risk and try to cross the border anyway? Definitely not. Misrepresenting yourself at the U.S. border is a bad idea. If you attempt to enter the U.S. through material misrepresentation or fraud, you can be banned from entering the U.S. for five years. This means no entry whatsoever, under any circumstances. So you have a connecting flight through the United States? Can’t take it. You want to stop by at one of the outlet malls to shop? Border agents won’t let you.Let’s say you are denied at one port of entry. What if you just pop down to the next port and give it a shot there? It won’t work. Denied admissions are all kept in a centralized database that any U.S. border agent can access. The second border agent can: refuse you again, seize your vehicle, and/or issue an expedited removal order.
Well. What Works Then? I Still Need To Go South.
So what are you supposed to do if you have a criminal record? The key is to obtain a U.S. Entry Waiver. This will allow you to travel to and from the United States freely, despite your criminal record. Waivers are issued for a period ranging anywhere from 1 to 5 years.Maybe you are thinking that you never travel to the States and will never need an Entry Waiver. Well, Pardon Services Canada published a blog post back in February, recounting the story of a Vancouver Island man who had won an all-expenses paid trip to the Super Bowl in New Orleans, but had been denied entry into the U.S. because of a marijuana possession conviction dating all the way back to 1981.Myles Wilkinson, from Victoria, B.C., competed against nearly four million other players to win a trip to attend the National Football League championship but was denied at Pearson International Airport in Toronto when he tried to enter the United States. U.S. customs agents had learned of his 32-year-old possession conviction and denied Wilkinson entry.
"Myles Wilkinson, the key is to obtain a US Entry Waiver-- this will allow you to travel to and from the United States freely despite your criminal record."
According to Wilkinson, he was 19 when the offence occurred. For the two grams of cannabis he was carrying, he paid a $50 fine. The most recent statistics from Justice Canada indicate that about 600,000 Canadians have criminal records for the comparatively minor offence of marijuana possession. All of these Canadians can potentially be denied entry to the United States at the border.The most common offenses which may result in a denial of entry include: possession of narcotics (including marijuana), possession of stolen property, fraud, and theft over $1,000. If you require a waiver, we advise you to begin the application process as soon as possible, as they generally take six to eight months to obtain. Pardon Services Canada has over 20 years of experience in this field and can help individuals with the U.S. Entry Waiver application process.
