People who have committed crimes in another country are not allowed to enter Canada or the United States freely. For entry into the United States, you need a US Entry Waiver if you have been deemed inadmissible. To enter Canada, you must obtain an Entry Waiver also known as a Temporary Resident Permit or TRP. Here are the requirements and the main differences between a record suspension and an entry waiver.
What is a Record Suspension?
Record suspension, often referred to as pardon, entails that your criminal record will be separated from your other records and won't appear on criminal records checks. Access to education, employment, and reintegration into society is possible, along with the ability to travel abroad. When a record suspension is granted, the federal government acknowledges that a criminal conviction no longer affects the character of a person who has demonstrated good conduct for a certain period of time. Records pertaining to prior convictions are sealed once the record suspension takes effect and they no longer appear on criminal background checks.
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What is an Entry Waiver?
An Entry Waiver ensures legal entry into the specified country without being denied or detained. If you have a criminal record, you are at risk of being refused entry to the U.S. or Canada without an entry waiver. Waivers differ from pardons because they offer a temporary solution to people with old convictions looking to travel to the States, while pardons offer a long-term solution. Even if you receive a pardon for a criminal offence after you have been denied entry to the United States, you may still be denied entry.
US Entry Waiver
A US Entry Waiver allows foreign nationals with criminal records to enter the United States despite being ineligible to do so otherwise. In order to legally cross the border and travel through the United States, a US Entry Waiver must be obtained from the Department of Homeland Security. Travellers with US Entry Waivers can enter the country by air or land as many times as they like throughout the term of the waiver. Applicants who meet any of the following criteria must have an entry waiver to enter the US:
- You have been in the country without legal status for over 6 months
- You have been denied entry at the border
- You have engaged in work illegally
Canadian Entry Waiver
Temporary Resident Permits (TRPs), also known as Canadian Entry Waivers, allow you to enter Canada even if you have a criminal record, for a short period of time. In order to enter Canada, you need to obtain one of the four waivers listed - Permanent Waiver, Temporary Waiver, Emergency Waiver, and Return to Canada Waiver.
Do I need a US Entry Waiver if I have a pardon?
Yes, you need a US Entry Waiver even if you have a pardon. The United States makes its own rules about who is allowed to cross the border into its territory. Although you may have received a Record Suspension in Canada, this is not recognized by the US authorities. So, even if you do have a pardon from the Parole Board of Canada, you still need a waiver to travel there.You do not need a Record Suspension in Canada in order to apply for a US Entry Waiver. This pardon is not recognized by US border guards, which means that it does not grant you entry into the US, and it doesn’t help you to obtain a waiver. The US Entry Waiver is provided by the Department of Homeland Security.
How should I proceed when I have a record suspension but no entry waiver?
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