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Found article: Denied entry to the U.S.? Don’t panic

Tom Wilson of the Globe & Mail recently filed an article that resonates to what a lot of us on this blog have already gone through: being found inadmissible to the US at a point of entry because of a prior criminal conviction.

In the article he touches on the very real point: "Honest and forthright individuals can get extremely nervous in these situations, making them appear slippery and dishonest". The first reaction for most of us, of course, is denial, which is obviously incriminating.
What should you do if you are denied entry on the basis of a criminal conviction that might have happened decades ago in your wayward youth?
He goes on in the article to describe different situations, for example, the petty offense exception and an interview with a Vancouver based immigration lawyer. It's an interesting and relevant read. See the entire article: Denied entry to the U.S.? Don’t panic

Look for a special follow up on March 1st in the Globe & Mail: Admissibility and inadmissibility of Canadians to the United States under NAFTA (I'll post here if I find it).
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Comments

  1. AnonymousSeptember 18, 2011 at 10:29 AM

    Have you applied yet for your new I-192 as your profile indicates that your current document expiries in Nov 2011.

    ReplyDelete
  2. AnonymousOctober 22, 2011 at 8:13 PM

    Would also be curious to know if you have applied and how long it takes to get it.

    ReplyDelete
  3. AnonymousOctober 28, 2011 at 2:41 PM

    My first waiver application was approved for one year and took 7 months from the time I applied. My second one was approved for 2 years, and took three months to get. Most recently, I applied at the Halifax Airport preclearance on July 6. Received a 5 year approval just this week, so it took almost four months.

    ReplyDelete
  4. attorney for immigrationDecember 1, 2011 at 1:09 AM

    After this much has been said, i still believe that if you are eligible and applied correctly you can get immigration permission.

    ReplyDelete
  5. MattFebruary 21, 2012 at 8:32 AM

    An update with regards to wait time...I had a valid one year waiver that expires mid-March. I applied for a second waiver at the Detroit-Windsor Tunnel on November 14th. I received a second waiver, good for 5 years, on February 14th. 90 days! The first waiver took 9 months.

    ReplyDelete
  6. Attorney Immigration SeattleApril 18, 2012 at 8:55 AM

    It takes too much of time to be approved. The process is long. Thanks to the author for the efforts.

    ReplyDelete
  7. AnonymousApril 19, 2012 at 11:29 AM

    Actually I would like to follow up on this since I just received my 1 year waiver today. It is my first one... so confirms the fact that the initial one is usually granted for a 1 year period.
    Applied for it in november 2011 and received approval now in April 2012.
    It was not for criminal record offense in my case but for a previous overstay.

    HTH

    ReplyDelete
  8. EllaMay 16, 2012 at 6:30 PM

    We just applied for a waiver today for my husband for the first time. We are hoping for good news at the end of this.

    Do you have to let preclearance know you are coming prior to applying?

    ReplyDelete
  9. AnonymousMay 29, 2012 at 5:25 PM

    Hi Ella
    If you are apply at an Airport then you don't need to make an appointment or advise that you are coming. I have been advised that if you are trying to submit your application from an area that you can drive into that you may have issues since the person is not allowed to enter the US however when you explain you are applying for the waiver they will note it.

    ReplyDelete
  10. AnonymousJune 2, 2012 at 8:13 PM

    My husband just got deported two days ago to jamaica. He was found inadmissible and excludable from coming back. How can I get him back.

    ReplyDelete
  11. AnonymousJuly 15, 2012 at 11:49 PM

    Submitted first time in 2010 and got a year 'pass' four months latter. Am now submitting the second time around and specifically asking for a five year 'pass' after Commissionaires says you should specifically ask for the five year after getting the routine first one year pass.

    ReplyDelete
  12. AnonymousNovember 6, 2012 at 5:08 AM

    travelling to cuba in 2 weeks will I be stopped at immigration?, I have not yet applied for a waiver for an offence that happended 20 yrs ago

    ReplyDelete
  13. AnonymousNovember 6, 2012 at 10:44 PM

    You'll be fine. The US has nothing to do with Cuba.

    ReplyDelete
  14. AnonymousNovember 7, 2012 at 3:49 AM

    I have started a pardon process because after 22 years of traveling back and forth from the US they stopped me at US customs in the airport on my way for a weekend gettaway to New York. They asked if I had ever been arrested...this has never happened so I knew something was up, I said yes for a shoplifting charge, they the guy became a prick.. they hauled me in and I guess they ran my name through got a background record check as another US customs officer started asking me when and where these happened, I told her truthfully I had 1 charge about 22 years ago and also 1 charge about 7 years ago...she seemed confused, and asked me about the one 7 yrs ago like she didn't know anything about it (at this time she had received the record of my charges), all I could think about was I'm going to miss my flight my boyfriend had already boarded the plane and had no clue what was going on...I was really upset crying and they finally let me go and told me I had to apply for a waiver,gave me the information and I ran with the Airline rep to make it to my flight.
    NOW that I have received criminal record and proof of conviction with fingerprints from RCMP turns out I only have 1 conviction listed from 22 yrs ago (theft under 1000 and I paid $150 fine) and nothing stating the charge from 7 yrs ago, does anyone know why?? I don't really understand it...I went to court had fingerprints done and did community service, was it thrown out?? why is that not listed on the RCMP background check...I'm baffeled ...so I was thinking since this second charge isn't on my criminal record can I apply for a "Petty Offence Exception"...as I would be entitled with only having the 1 conviction showing...Can someone give me their opinion??? or input on what I should do??

    Thanks so much

    ReplyDelete
  15. Ryan SmartyNovember 7, 2012 at 7:18 AM

    Records are not always sent to the RCMP or uploaded to CPIC (could have been a clerical error). You most certainly have the record and its plausible that the customs officer made a note of this in their system. You'll have to go back to the court house to get a record of your disposition.

    I would not recommend approaching CBP with the petty offense exception because that would be a lie (and it would not go over well with those customs officers). You could find yourself with a lifetime ban.

    Your work has just begun. Keep us posted.

    ReplyDelete
  16. AnonymousNovember 8, 2012 at 5:05 AM

    Thanks Ryan I am in the process of obtaining my pardon, I'm on step 2 so I am waiting on the court document from my 1st conviction from my home town and it states to go to each court, so I will go and get the court document from where I live now, they will have the court information, I'm hoping that it wasn't a clerical error, I cant remember the specifics but could they by chance thrown it out or discharged me once I completed my community hours?...Again I don't know the the law procedures ...I guess it may be just wishfull thinking. The next step after that is to get a copy of my local police check,the 2nd offence should show up on their records as they were the arresting police. So do you think that I can forget and rule out any chance of obtaining a petty offence exception?

    ReplyDelete
  17. AnonymousJanuary 14, 2013 at 12:47 AM

    Hi Ryan

    So I had a local police record check and it came back clean...so this other charge has miraculously disappeared...there is no record of it anywhere...I was able to go to the US port of entry and sure enough they did have a record of the previous conversation where I told them of the other charge but seeing as it is not on the CPIC nor on a local police record check they basically were baffeled and said that YES as far as they could see I only have the one charge they stamped my passport and told me that I will have to carry my court and RCMP documents with me when travelling but I as far as they are concerned I do apply for the petty offence exemption.

    I would not of done this otherwise but since my Local police record check came back with absolutely nothing on it...I guess someone didn't do their paperwork or it was an absolute discharge that I was not aware of.

    ReplyDelete
  18. US Visa WaiverMay 5, 2013 at 5:13 PM

    The Changes in Canadian laws and U.S. Homeland Security practices have made taking care of these tasks even more daunting and confusing than in years past. At Canada Pardon & US Waiver Experts, we take all the stress out of obtaining a Canadian pardon or a U.S. travel waiver, and even expedite the process wherever possible. Our case workers provide each client with individualized attention, ensuring that whichever service you need is the service you get. We vow to treat every client with integrity and respect, providing hassle-free service so our clients can get on with their lives.

    US Waivers For Canadians

    ReplyDelete

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