If you have a criminal record and want to travel from Canada to the United States, there are 7 key things you need to know.
1/ Who needs a US Entry Waiver?
- If you’ve been convicted of a crime in Canada, you may be refused entry into the United States.
- This is true regardless of how long ago your conviction was.
- The United States would label you criminally inadmissible to enter the United States.
- And your inadmissibility would apply even if you were passing through a US airport or border on your way to another country.
- The only way to enter the United States would be to get a valid US Entry Waiver.
2/ How fast can I get a US Entry Waiver?
- The fastest way to get a US waiver is to work with a lawyer with access to the electronic filing system controlled by the US Customs and Border Protection agency.
- This system is called the e-SAFE system.
- Our law firm has direct access to this e-SAFE system, saving you months of processing time.
- For the most part, this access is restricted to licensed law firms.
- So, if you hire a service, ask if they have direct access to the e-SAFE system and if they are a licensed lawyer.
- This will save you months of time and frustration.
3/ How do I get a US Entry Waiver?
- To enter the United States from Canada with a criminal conviction, you need to get permission from the United States Department of Homeland Security.
- This permission is granted in the form of what’s called a US Entry Waiver.
- This US Entry Waiver enables Canadians with criminal convictions, which are labelled as criminally inadmissible, to enter the United States.
- Without a US Entry Waiver, you will be barred from entering the United States.
4/ Can you be denied a US Waiver?
- Yes, you can be denied a US Waiver.
- There is a division inside the United States Customs and Border Protection agency called the Administration Review Office, known as the ARO.
- The ARO is responsible for reviewing and making decisions on admissibility waivers.
- Some of the most common reasons the ARO will reject your application are that your application was not completed correctly, didn’t include all the necessary supporting documents or failed to demonstrate that you’ve been adequately rehabilitated.
- If the ARO intends to reject your application, they will notify you as to why and give you a chance to respond.
5/ Can you enter the US with a Canadian Pardon?
- Generally, the answer is no.
- A Pardon in Canada, now called a Record Suspension, is granted by the Parole Board of Canada.
- With a Record Suspension or Pardon, the Parole Board will direct the RCMP to remove your criminal record from the Criminal Records database.
- But here’s the issue.
- A Canadian Pardon has no jurisdiction in the United States.
- This means that the US Customs and Border Protection agency is not bound by the Canadian legal system and has no obligation to consider your Pardon when you try to enter the United States.
6/ How much is a US Entry Waiver in Canada?
- The filing fee for an Application for Advance Permission to Enter as a Non-immigrant, is $585 US dollars.
- This fee is paid directly to the US Citizenship and Immigration Services agency.
7/ How long does a US Entry Waiver last?
- A US Entry Waiver is granted for one, two or five years.
- The decision on how long to grant you depends on factors such as the strength of your application, the severity of your crimes, the time since your convictions occurred and whether you are applying for a first-time Waiver, or a renewal Waiver.
- Once you get a Waiver, you can travel anywhere in the United States, and you can visit as many times as you want.
- However, if you want to stay longer than three months, additional forms may be required and must be completed, notarized, and submitted with the application.
- You need to apply again at the end of your one, two or five-year term to get a Waiver renewal.
Who needs a US Entry Waiver?
If you’ve been convicted of a crime in Canada, you may be refused entry into the United States. This is true regardless of how long ago your conviction was. The United States would label you criminally inadmissible to enter the United States.And your inadmissibility would apply even if you were passing through a US airport or border on your way to another country. The only way to enter the United States would be to get a valid US Entry Waiver.
How fast can I get a US Entry Waiver?
The fastest way to get a US waiver is to work with a lawyer with access to the electronic filing system controlled by the US Customs and Border Protection agency. This system is called the e-SAFE system. If you hire a service, ask if they have direct access to the e-SAFE system and if they are a licensed lawyer. This will save you months of time and frustration.