Do you have a criminal record and want to travel to the United States? Confused about whether you need a US entry waiver? U.S. Entry Waiver Lawyer Dan Joffe clears up the 5 biggest myths that create confusion.
Myth 1: My pardon means I don’t need a waiver
- Pardons or Record Suspensions have no power in the United States. They are not recognized by U.S. Customs and Border Protection.
- That means the CBP can still deny your entry if they discover your criminal record, even if you received a Pardon in Canada.
- This is confusing because when you get a Pardon in Canada, the Parole Board directs the RCMP to remove your criminal record from the CPIC database.
- However, the CBP can still discover your record if they access and review previous versions of CPIC that they’ve archived for ongoing availability.
- Bottom line: You may still need a US Waiver to enter the US even if you obtained a Pardon in Canada.
Myth 2: I’ve entered the US before without issue, so I don’t need a waiver
- Just because you’ve travelled to the US without problems in the past does not mean you won’t face issues in the future.
- When approaching the US border, you will be screened by a CBP officer. If they don’t conduct thorough checks or a criminal record search, you may likely be allowed entry.
- However, if during screening they decide to do a criminal record check or become suspicious, you will be sent for a secondary inspection interview.
- At this secondary inspection, the CBP officer will conduct a detailed criminal record search. Upon finding your record, you may be denied entry.
Myth 3: My conviction was so long ago it’s been erased
- This is false. Criminal records in Canada have a very long lifespan.
- With few exceptions, your criminal record will not just disappear or get erased over many years.
- This means the US CBP can still access very old criminal records, even from many years in the past.
- And with advances in screening technology, the CBP is catching more of these old records, leading to more denied US entries.
Myth 4: My charge is minor, no big deal for entering the US
- The CBP will deny entry to the US for any crime considered a “Crime Involving Moral Turpitude.”
- Determining moral turpitude crimes is complex. What you assume is a minor charge could actually trigger US inadmissibility.
- For example, any marijuana possession conviction is a federal offense in the US, meaning you will need a US Entry Waiver.
Myth 5: If you don’t have a criminal record, you can’t be denied entry
- In reality, you can still face denial without a criminal record. For example:
- If you admit to marijuana use when questioned by a CBP officer, you will be denied entry because drug use violates federal US law.
- This denial happens even with no criminal record. You will then need a US Entry Waiver.
The truth:Criminal histories complicate U.S. travel in obscure ways. Get legal guidance to understand your risks and U.S. Entry Waiver needs before approaching the border.
Do I need a US Entry Waiver if I have a Pardon in Canada?
A pardon or record suspension in Canada does not guarantee entry into the United States. The U.S. Customs and Border Protection (CBP) does not recognize Canadian pardons. Even if you've received a pardon, the CBP can access previous versions of the CPIC criminal records database and may still deny your entry based on a past criminal record. Therefore, you might still need a US Entry Waiver despite having a Canadian pardon.
Can I be denied entry into the US even if I don’t have a criminal record?
Yes, even without a criminal record, you can be denied entry. For instance, if you admit to a US CBP Officer that you've used marijuana, you could be denied entry because marijuana use violates federal US law. In such cases, you'd need a US Entry Waiver to legally enter the United States.
