- Do you think a Canadian Pardon is your key to entering the United States?
- In this blog, I will clear up common myths about Canadian Pardons and explain why a U.S. Entry Waiver might still be required.
Understanding Canadian Pardons
- Let’s start by understanding what a Pardon, now known as a Record Suspension, entails.
- Issued by the Parole Board of Canada, a Pardon leads to removing your criminal record from the criminal records database.
- Essentially, your record becomes invisible within Canada.
Why Seek a Pardon?
- There are four key reasons why you would want to get a Pardon in Canada:
- First are employment opportunities. A clean record can boost your career prospects.
- Second is volunteer work, where a clean background is often mandatory.
- The third is for immigration purposes.
- And fourth is personal peace of mind. Hiding your criminal record may, for some people, lift a significant psychological burden.
Pardons and U.S. Travel
- You may have noticed that I did not mention U.S. travel as one of the reasons to get a pardon.
- That’s because the U.S. Customs and Border Protection does not recognize Canadian Pardons.
- Certain convictions, specifically those classified as ‘Crimes Involving Moral Turpitude,’ render you criminally inadmissible to enter the United States.
- In these cases, your only legal way to travel to the United States is to get a U.S. Entry Waiver.
Understanding CIMT
- Crimes Involving Moral Turpitude is a complex area of the law.
- A single DUI, for example, might not fall under this category.
- If you’re unsure about your situation, reach out to schedule a confidential call with me.
The Role of a Pardon in Waiver Applications
- While a Pardon doesn’t directly impact your ability to travel to the United States, it does play a role in your U.S. Entry Waiver Application, which is Form I-192.
- When applying for a U.S. Entry Waiver, the Admissibility Review Office, part of the U.S. CBP, will evaluate your application.
- A Record Suspension from Canada shows the Canadian government’s trust in your reformed character.
- While having a Pardon does not guarantee you will get a U.S. Entry Waiver, it does have a positive influence on your application.
Building a Strong Waiver Application
- Success in getting your U.S. Entry Waiver approved relies on presenting a compelling legal argument in line with U.S. Immigration Law and court precedents like the Hranka case.
- Our law firm specializes in crafting these arguments, maximizing your chance of success, and getting you to travel to the United States without any stress.
Does a Canadian Pardon allow entry into the United States?
No, a Canadian Pardon, also known as a Record Suspension, does not allow entry into the United States. U.S. Customs and Border Protection does not recognize Canadian Pardons. Individuals with certain convictions, classified as 'Crimes Involving Moral Turpitude,' remain criminally inadmissible to the U.S. In such cases, obtaining a U.S. Entry Waiver is the only legal way to travel to the United States.
What role does a Canadian Pardon play in a U.S. Entry Waiver application?
While a Canadian Pardon doesn't directly enable travel to the United States, it plays a role in U.S. Entry Waiver applications. A Pardon shows the Canadian government's confidence in an individual's reformed character. This can positively influence the U.S. Entry Waiver application, reviewed by the Admissibility Review Office of U.S. Customs and Border Protection. However, having a Pardon does not guarantee the approval of a U.S. Entry Waiver; a compelling legal argument in line with U.S. Immigration Law is still required.
