US travel is often a worry for people with criminal records. Border officials have a lot of discretion. In fact, they can deny entry for a variety of reasons. When this happens, it becomes part of your record. Then, you’ll most likely need to get a waiver before returning. Before you go on your US travel vacation, make sure you meet all the requirements.
1. Grounds for inadmissibility
Here are common grounds for being turned away:
- Health grounds: communicable disease, or a mental disorder that could pose a threat
- Criminal grounds: you have a record
- Economic grounds: you don’t have enough money for your stay
2. Criminal grounds
Criminal records are triggered whenever someone is fingerprinted. Even if the incident was minor or resulted in an acquittal, suspended sentence or no charges being laid, border officials can discover it.
The two categories that could make you inadmissable are:
- moral turpitude (CIMT)
- controlled substance
Crimes of moral turpitude aren’t defined. However, generally, they mean serious crimes, such as:
- murder
- manslaughter
- rape
- assault
- spousal abuse
- fraud.
Less serious crimes may also be considered to involve moral turpitude.
There are exceptions to criminal inadmissibility:
- such as if you were a juvenile at the time
- length of sentence
- whether the offence is considered minor
Not sure? Contact us for a free consultation. Our advisers can help you determine if you need a waiver.
3. Drugs
The United States doesn’t tolerate illegal drugs. This extends to anyone who admits to having used them. People have been denied entry even when they don’t have a criminal record. They don’t even have drugs in their possession. It’s a federal policy. Even if you’re attempting to enter a state with liberal drug laws, like Washington, you could be denied entry.
4. Border searches and seizures
Customs and Border agents have extensive rights to search anything you bring into the country. Unlike police, probable cause is not required. They can search laptops, tablets, mobile devices, cameras, hard drives and all the files associated with them, including encrypted files. The agents may share the data they find with other government departments. This right of search and seizure is considered to extend to anyone within 100 miles (165 kilometers) of an international border. There is no requirement to compensate the owner for any damage.
In 2008, nearly half of the electronic equipment items that customs agents searched were seized. Don’t take any confidential files with you on your trip.
5. US travel waivers
A waiver of inadmissibility (known as a U.S. entry waiver) is the solution for denied entry. The application process for a waiver is lengthy, usually taking from four to 12 months.
If you have been denied entry, you must get a waiver. Information has already been collected about you when you were turned away. It’s available to anyone checking the system. Attempting to enter the United States when you know you’re inadmissible is a serious offence. It can result in one or more consequences, including the seizure of your property, a ban on entry for several years or deportation.
There is also an option for a “humanitarian parole” exemption, for life and death situations, such as a family or medical emergency.
If you are interested in entering the US with a criminal record, or you are not sure if your criminal record will bar you entry, please contact us at 1-866-972-7366 .