Before investing in either a U.S. Entry Waiver or a Pardon (now called Record Suspension), there are three critical differences you need to understand to avoid making a costly mistake. As a dedicated U.S. Entry Waiver lawyer, I’ve seen many people make expensive errors due to misunderstanding these crucial distinctions.
The Fundamental Difference: Two Different Keys
Think of Record Suspensions and U.S. Entry Waivers as two different keys – one for your house in Canada, and one for entering your neighbor’s house in the United States. While they might look similar, they serve entirely different purposes and open different doors.
The Canadian Key: Record Suspension
A Record Suspension acts as your Canadian key, sealing your criminal record from public view within Canada. However, here’s the crucial part that many miss: it has absolutely no effect at the United States border. The U.S. authorities don’t consider Record Suspensions in their entry decisions.
The U.S. Key: Entry Waiver
A U.S. Entry Waiver functions as your American key. If you need one, it’s an essential document for border crossing. It’s essentially special permission from U.S. authorities to enter their country, despite past legal troubles.
Common Myths That Could Cost You Thousands
Myth #1: Record Suspensions Enable U.S. Travel
Many people wrongly believe that obtaining a Record Suspension automatically allows them to travel to the United States. This is incorrect – your Canadian key won’t work in the U.S. lock. Numerous individuals have wasted money on Record Suspensions, only to face border rejection.
Myth #2: Record Suspension Before Entry Waiver
Another common misconception is that you need a Record Suspension before applying for a U.S. Entry Waiver. This is false and could waste valuable time and money. These are completely independent processes.
Myth #3: Permanent Documentation
Some believe these documents last forever. While Record Suspensions are permanent once granted, U.S. Entry Waivers have a limited lifespan of up to 5 years, typically starting with just one year of validity. After this period expires, you’ll need to reapply.
When Do You Need Each Document?
Record Suspension Requirements
You typically need a Record Suspension when:
- Applying for jobs in Canada
- Pursuing volunteer work
- Seeking peace of mind regarding your criminal record
U.S. Entry Waiver Requirements
You need a U.S. Entry Waiver if:
- You’re a Canadian citizen who has been denied entry to the United States due to a criminal record
- Your crimes meet the threshold of a “crime involving moral turpitude,” even if you haven’t been denied entry
Important Consideration: You Might Need Both
Sometimes it’s not an either/or situation – you might need both documents. For example, if you’re planning to work in Canada AND attend business meetings in the United States, you’ll need both keys to unlock these opportunities.
Final Thoughts
Attempting to cross the border without proper documentation isn’t just embarrassing – it can result in entry bans and wasted travel expenses. Understanding these differences is crucial for making informed decisions about which document(s) you need to achieve your goals.
Do Record Suspensions allow U.S. travel?
No, Record Suspensions do not affect U.S. border entry decisions. You need a U.S. Entry Waiver for travel.
Do you need both a Record Suspension and a U.S. Entry Waiver?
In some cases, yes. If you need to work in Canada and travel to the U.S., both may be required.
