If you have a criminal record in Canada, you may need a US Entry Waiver. A US Entry Waiver is a preclearance document that allows you to enter the United States with a criminal record.

Not everyone who has a criminal record will need a US Entry Waiver. By far the most commonly held criminal record in Canada is DUI. You do not need a waiver if the only thing on your record is DUI.

What charges will make you inadmissible to the US?

If you have a drug or narcotics offence or certain “crimes of moral turpitude” on your record, you will be inadmissible. It’s hard to pin down a definition of moral turpitude. Sometimes the definition changes based on recent immigration law cases. If you are not sure if you have a crime of moral turpitude, give us a call.

Here are some examples of records that will make you inadmissible:

  • Theft
  • Fraud
  • Bribery
  • Forgery
  • Aggravated battery
  • Prostitution

It’s important to understand that you can be turned away at the border for non-conviction records, pardoned or suspended records, or even just admission of criminal activity. For example, recent news stories have focused on Canadians being turned away from the border for admitting to having used marijuana. In this case, you will also need a waiver.

When can you travel to the US with a criminal record?

Some common types of criminal records that generally do not require a waiver are:

  • DUI
  • Simple assault
  • Break and enter

As well, if you were under the age of 18 at the time of the incident you may not need a waiver. If you were tried as an adult it might be a different story.

If you are inadmissible and attempt to enter without a waiver, you can be detained, questioned, handcuffed, and even deported. If you are deported you won’t be able to return for 10 years. If you know that you need a Waiver, you should acquire the document to save the hassle for yourself and your travel companions (who could also be turned away).

How long is the US Entry Waiver good for?

A US Entry Waiver is a temporary document that can be good for anywhere from six months to five years. A six-month waiver is rarely issued. Lately we have seen more and more Canadians receiving five year waivers on their first application. Some people ask if we can apply for the five-year waiver or request it. Unfortunately, that’s not how it works. The US Department of Homeland Security will decide how long the waiver should be.

The only way you could be permanently cleared to enter the States is if the Department of Homeland Security decides you didn’t need a waiver in the first place. This may happen if a rookie officer made a mistake when you tried to enter or the laws surrounding the concept of moral turpitude shifted while you were in the process of applying.

Once you have a waiver, you can travel as often as you want subject to the ordinary restrictions that apply to other Canadians. Just be sure to bring the Waiver with you when you travel and show it to the primary screening officer. Also, don’t forget to renew it before it expires.

If you are ready to start enjoying the freedom of hassle-free travel to the United States, contact us today for your free consultation at 1-866-972-7366.