Originally published: May 9, 2012, Updated: April 10, 2024
Understanding Entry Waivers
Travel is great, but what happens when your criminal record makes you ineligible? If you’re travelling to the U.S. with a Criminal Record, applying for an entry waiver could be the answer.
Getting an entry waiver may seem like an extra hurdle, but it’s a key part of the process for many travellers. Complying with U.S. immigration laws is the only way to avoid harsh penalties. It also improves your odds of successful future trips.
Legal Implications of Attempting Entry
Trying to enter the U.S. with a criminal record is a big no. While this wasn’t always the case, recent decades have seen a crackdown on immigration violations. This includes travelling to the U.S. with a criminal record — your rap sheet could get longer.
According to the American Immigration Council, officials are increasingly likely to take violators to court. For instance, in late 2018, immigration offences made up 65% of all federal criminal prosecutions.
- Entering unlawfully is a misdemeanour. This includes sidestepping immigration inspections or making false statements about your record. You might face a fine, as many as six months in prison, or both penalties.
- Reentering unlawfully is a felony. This includes being discovered in the U.S. after you were deported, ordered removed, or denied entry. At a minimum, you could spend up to two years in prison. If you were previously convicted of certain crimes, you might spend 10-20 years in prison.
Border agents and U.S. Customs and Border Protection (CBP) play a huge role in this process. They can stop you to ensure you’re admissible or search your belongings, even if you’re not suspicious. Notably, they can also ask about your immigration status.
Officers aren’t allowed to discriminate based on religion, race, gender, ethnicity, or similar characteristics. However, they can ask you questions about these topics, and according to the ACLU, travellers like Muslims have often been targeted. Although you can decline to answer, doing so may lead to a denial.
Canadian Pardons vs. US Recognition
Canadian pardons (now known as record suspensions) block certain offences from appearing on your criminal record. The problem is that the U.S. doesn’t recognize them despite having a good relationship with Canada. Whatever’s on your criminal record can show up during a check.
Border Crossing Procedures
When you cross the U.S. border, you’ll typically need to present your documentation and go through an inspection. This applies to everyone — CBP officers will screen your immigration status no matter who you are or where you came from. Depending on what you’re carrying, you may also be subjected to further scrutiny.
CBP officers can conduct background checks as a part of this process. If you’ve been convicted of a crime, you might be deemed inadmissible. In this case, the officer in charge might initiate removal proceedings or let you withdraw your admission application. If you’re not allowed to withdraw and are determined inadmissible, your visa might get cancelled, and it could stop you from being admissible in the future.
Entry Waiver Application Process
The best legal workaround for inadmissibility is an entry waiver. More formally, this is known as Form I-192: Application for Advance Permission to Enter as a Nonimmigrant.
If you download Form I-192, you’ll see it contains instructions. Some highlights to remember include that:
You’ll need to fill out the form completely.
Skipping any fields might tank your chances. It can make you appear dishonest, so get your information together early.
You’ll need to provide supplementary documentation.
At a minimum, you’ll need to supply:
- A signed, written statement explaining your inadmissibility situation and why you deserve admission.
- A signed, written statement detailing your criminal history. This should include official records for each criminal conviction and court decision.
These are just the basics. For instance, if your inadmissibility includes health reasons, you’ll need to include them in detail too. If your documents are in a language other than English, you’ll need to include certified translations. It’s a good idea to talk to an expert about what to include.
You should start the process well in advance.
Your I-192 application may take as long as four to six months. While a complete application may go faster, there are no guarantees.
Denied Entry and Recourse
Those denied entry to the U.S. have two main options. If your denial is going to expire, you can wait, but this won’t always work with time-sensitive travel. If it’s permanent, then you should chat with an expert about a waiver.
Conclusion
Canadians who want to travel to the U.S. shouldn’t let their criminal records stop them. Just remember that there’s a right and wrong way to overcome your history. Entry waivers take months and require a lot of paperwork, but they may be the ideal option depending on your past convictions.
Want to learn more? Finding out whether you should apply for Form I-192 is the first step. Check your eligibility for a U.S. entry waiver here.