Can You Travel to the USA if You Have a Criminal Record?
Non-US nationals looking to enter the United States for Christmas or New Year's may have their plans dashed if they have a criminal record, even if their criminal record is from years ago or for a minor offence.
If you have a criminal record, you may:
- Be denied entry into the United States
- Be detained and questioned by Customs and Border Protection agents
- Be subject to search and seizure at the border
Applying for a US Entry Waiver can take up to 4-8 months. Every case is looked at individually, so the time frames may vary. Starting the application process before your planned trip is essential to cross the border worry free. A US Entry Waiver application is a great option to consider in the near future if you wish to enter the United States for year-end holidays in 2023.
Entering the United States for year-end holidays in 2022 may be possible depending on a case-by-case basis. We recommend reaching out to a pardon service agent to help guide you through the timeline for your application.
What is a US Entry Waiver?
A US Entry Waiver allows those with criminal records to enter the United States for business or pleasure, despite their criminal history. A waiver may be granted for a length of 6 months to five years at the discretion of the Department of Homeland Security. The length of the waiver may depend on factors such as:
- The seriousness of the offence
- How long ago it was
- Letter of Circumstance
- Qualify of references
The good news is that we are seeing an increased number of clients being granted five-year waivers on the first try. It is crucial to put together a convincing application preferably with the assistance of an experienced pardon agent.
Crimes That Would Make You Inadmissible to the USA
Not all Canadians with a criminal record will require a US Entry Waiver. While most criminal convictions provide sufficient grounds for a border official to deny you entry, your entry would entirely depend at the discretion of the US border official. If you were convicted of a crime involving moral turpitude, you would immediately become inadmissible to the United States. If you are barred from the states due to a crime of moral turpitude, your best chance would be to apply for a US Entry Waiver. Some examples of crimes that are deemed an offence of moral turpitude are:
- Fraud
- Larceny
- Counterfeiting
- Arson
- Murder
- Robbery
- Intent to harm persons or things.
Not sure if you qualify for a US Entry Waiver?
Start by checking your eligibility.
How do I Apply for a US Entry Waiver?
Applying for a US Entry Waiver can be complicated and time-consuming, but it's worth it if it means being able to spend Christmas or New Year in the United States with your loved ones.
It's important to note that a US Entry Waiver is not the same as a pardon. A pardon is the official forgiveness of a crime that the government grants. A waiver allows you to bypass the inadmissibility rule and enter the United States.
If you are interested in applying for a US Entry Waiver, the first step is to reach out to a pardon service agent. If you are ready to get started on your application, we can help.
Contact us today for a free consultation at 1-866-972-7366
