Air travel is a reality for more people than ever, and United States travel restrictions do not help. Once, it was a luxury reserved for the wealthy. Today, flying is now accessible to people from almost every walk of life — provided they have the economic means and correct legal status. Travel restrictions exist to keep countries and communities safe. But they pose major challenges to those who just want to go places. Keep these pointers in mind when you're thinking about flying over the US or wondering how to get your US entry waiver.
Flying Over the US: Restrictions to Know
The US has historically maintained tight control over its airspace and who can use it. Events like the 9/11 terrorist attacks and the COVID-19 pandemic only made the situation tougher. Since then, lawmakers have implemented increasingly restrictive rules designed to protect US citizens and property. Such regulations can impact not only the timing of your travel plans but how much you'll pay and whether you'll be able to continue. These highlights show how serious the US is about flight restrictions:
- Some places are far more restricted than others. For instance, the US capital — Washington DC — is designated a Special Flight Rules Area(SRFA). Pilots have to obtain special clearance to enter the 33-mile circular area around the capital, equip their aircraft with special communication systems, follow predetermined flight plans, and stay in direct contact with air traffic controllers.
- Military bases and other sensitive facilities are also restricted airspace.
- Official aircraft aren't exempt from the rules. Even military, law enforcement, and medical flights can be forcefully intercepted for violations!
- Other SFRAs with their own particulars include Los Angeles International Airport, New York City and the Hudson River Area, the Grand Canyon, and various Air Force bases.
These rules are targeted at pilots, so why should you care if you're just a passenger? It's simple: Even if you're only traveling for a casual vacation, US airspace regulations can have a huge impact on your plans.Most people will be fine to land anywhere a commercial flight could touch down. But smaller airports and those in rural SFRAs might be less flexible. When it comes to schedule changes or last-minute adventures, you shouldn't always expect these airports to accommodate you.
Criminal Records and Travel Through US Airspace
The rules governing who can fly over the US don't just apply to those who plan on staying. Even if you're just passing through, you still have to meet certain requirements. Someone with a criminal record might be denied a boarding pass at their point of origin.Why? In the real world, air travel isn't some smooth-running, perfectly timed affair — no matter what airlines advertise! Flights can be grounded due to things like medical emergencies, misbehaving passengers, or suspected contraband. If you were on one of these flights when such an event occurred, you'd suddenly end up on US soil even if you never intended to be. But there's a glaring problem: you can't go through customs if you're forbidden entry for any reason!To keep international fliers from getting stuck in limbo, flights that might travel through US airspace typically share their passenger lists in advance. This means that if you're prohibited from landing in the US, you won't make it through the boarding process.
Who Might Have a Hard Time Getting US Entry Admissibility?
Like most countries, the US uses various guidelines to determine admissibility. Customs agents approach each situation on a case-by-case basis, but here are a few helpful hints:
- You can enter if you've been convicted of driving under the influence (DUI). However, you might be denied if you have multiple DUIs on your record (a good rule of thumb is two or more). You could also face a denial if your DUIs were associated with other misdemeanors.
- Drug possession convictions can lead to denials. You may have better odds of getting an entry waiver if your conviction is old.
- Recent misdemeanor convictions can lead to denials.
- Crimes involving moral turpitude (CIMTs) tend to result in denials as well. These violations include a range of offenses that lack a uniform statutory definition yet are considered shocking to the public conscience. Some examples include crimes against persons, such as statutory rape, sexual and family crimes, and property crimes, such as theft. Fraud crimes against the authority of the government or individuals can also be disqualifying.
As you may have noticed, these rules are quite broad. The reason is that immigration officers have a lot of discretion. Officials consider as much information as possible to make the best decision in the interests of national security.Special crime categories can be confusing, but the general theme is that you need to establish good moral character (GMC). This classification is extremely broad — everything from habitual drunkenness and polygamy to being incarcerated for more than 180 days can ruin your chances. When considering your conviction history, immigration officials will compare foreign laws to US regulations to decide whether you demonstrate GMC.There are also numerous exemptions. For instance, crimes for simple possession of less than 30 grams of marijuana aren't inadmissible controlled substance violations. The big issue is that the US federal government doesn't recognize cannabis as a substance with an accepted medical use, essentially turning a blind eye to its own state laws and decriminalization in other countries like Canada. In other words, working in the marijuana industry or using cannabis for medical purposes might stop you from establishing GMC.
Getting a US Entry Waiver With AllCleared
One way around these complicated rules is to get a US entry waiver. Also known as inadmissibility waivers, these documents let foreign nationals enter the United States as nonimmigrants. The catch is that you can only enter temporarily, but this shouldn't be an issue if you're just traveling.There are various ways to apply for an entry waiver. If you're Canadian, there's a streamlined route: going through an Admissibility Review Office review at the US Embassy in Ottawa or a US Consulate. Everyone else will need to submit one of the other accepted forms:
Form I-192
Form I-192 lets you apply for advance permission to enter temporarily as an inadmissible nonimmigrant alien.You'll want this form if you've already got the appropriate documentation. You'll also use it when applying for a T (victim of human trafficking) or U (victim of criminal activity) nonimmigrant status visa.You shouldn't pursue this process if you're also applying for a visa waiver or you plan on going through a Customs and Border Patrol (CBP) Preclearance Office.
Form I-212
Form I-212 is for travelers who've previously been excluded, deported, or removed from the US. It's also for those found to be in the country illegally or who were stopped from entering illegally.You should file this form if you're inadmissible and meet the above criteria.Be aware that this is only part of the process. Form I-212 is also referred to as a "consent to reapply" form. In other words, you'll still have to go through the reapplication process, such as filing a form I-192.One last note: CBP Preclearance Offices don't accept form I-212!
Form I-824
Form I-824 is an application for action on an approved application. This document isn't used as often, but it's a crucial lifesaver in a very specific situation. If your original decision was lost, stolen, or mutilated, you'll need to file this form to obtain a duplicate before traveling.If you find yourself in this situation, handle your business as early as possible. You're not meant to follow up on a form I-824 for 90 days, and the review process can take six months or more. CBP may also ask for additional information or evidence later. Be sure you keep them up to date if your contact information changes.
Get Started With the AllCleared US Entry Waiver Service
Although we've tried to lay things out as plainly as possible, the reality is more complicated. For instance, you'll need to provide a lot of extra information to apply for a waiver, and depending on your answers, CBP can request more. At a bare minimum, form I-192 applicants will need to turn in:
- Verifiable evidence of citizenship
- Official records from the actual court of conviction that include your plea and disposition (whether you were guilty or not)
- A signed personal statement where the applicant explains all their arrests, convictions, sentences, and any rehabilitation they've completed
- Evidence of treatment or rehabilitation for those also forbidden entry on health grounds
- Official criminal records from every country where they exist or official letters explaining why they aren't available
These are just a few of the requirements. You may need more documentation depending on your status or nationality.Don't feel overwhelmed. Our mission is to help you get through US customs and obtain your entry waiver with minimal stress. We listen closely to your story to maximize your chances of a successful experience.Want to enjoy every moment of your next big trip? Talk to the AllCleared team before flying over the US. United States travel restrictions can enter into your vacation plans, even if the US isn’t your destination.If you are flying to a destination other than the US, there are two things you need to worry about:
- Stopping in the United States
- Flying over the United States
Many flights that leave Canada, for destinations in South America, Europe, Asia and Australia will make refueling stops. They often stop in cities such as Anchorage, Honolulu, Los Angeles or New York.
Crossing US Airspace With A Criminal Record
However, you don’t need to be stopping to be denied entry to the United States. Every time a Canadian flight needs to cross US airspace, it must give the passenger list to the United States. The list is provided 72 hours before the scheduled flight. This gives US officials time to investigate the names on the list. They can then prevent certain people from flying. This is specified in Bill C-42, An Act to amend the Aeronautics Act, which was passed in 2011.This is more likely to be a problem for people on the US no-fly list or people who have been flagged for some reason such as a warrant. However, it’s completely up to the US authorities to decide. In making their determination, the US officials have access to the CPIC database. This database has information about all of the criminal records in Canada. Imagine showing up for your non-stop flight to Cancun only to be denied a boarding pass.
United States Travel Restrictions And Emergency Landings
If you do make it on the plane, you should also be concerned about the possibility of an emergency landing. This could be caused by anything, such as a medical emergency, a mechanical issue or even a disruptive passenger. Once you do stop, all flight passengers will be required to go through customs. Neither the US or Canada allows “sterile landings” (landings where everyone stays on the plane) for international flights.Even if you have a pardon or Record Suspension, the US government can still see your record. If you have an offence on your record that deems you ineligible to enter the US, your option is to get a US Entry Waiver. Once you have the Waiver, you should take a copy with you in case you are questioned about your admissibility to the United States at any point during the flight. Any Canadian denied entry to the US should get a waiver if they expect to return.Contact us today for information about the US Entry Waiver at 1-866-972-7366.
