US Waiver for Canadians

Unlike what many of the pardon/waiver companies  (the ones that offer to help you process a US entry waiver) would have you believe, even IF you have successfully received a pardon in Canada  (or record suspension) , you are still obliged to tell the truth at a US border crossing. Remember: a Canadian pardon is not recognized by the US government. If a person attempting to enter the United States fails to disclose the existence of a criminal record, even for crimes that would not otherwise exclude them from crossing the border, they will likely be denied entry, possibly face permanent ineligibility, and/or be detained at a U.S. Department of Homeland Security enforcement facility. Let's take the quote above: if a US border officer (CBP) asks 'have you ever been convicted of a crime', you'll have to tell the truth, even if you have that pardon. So what if the CBP officer asks 'do you have a criminal record'? If you have the pardon, would saying 'no, you...

A man says he was turned away from the U.S. because a police officer caught him smoking marijuana when he was 17, more than two decades ago.  After years of travelling south without issue,  he was  pulled aside by Homeland Security and told he was convicted of narcotics possession. 24 years earlier, he was caught smoking a joint of marijuana in an Oakville, Ont. park. He and a group of friends were given a fine, but didn't go to jail or face any other punishments. U.S. officials have been requesting more criminal information from Canadian authorities in the last few years, leading to more people being denied entry. Familiar story? Read more: Man turned away from U.S. for 24-year-old drug charge

Found article: Should a Criminal Record Be A Deterrent to Hiring? According to the National Employment Law Project, nearly 65 million Americans have some variety of criminal record.  That's roughly 1 in 5 Americans, significantly higher ratio than Canada's (approximately 1 in 10 Canadian's have a criminal record).

I asked a question about NEXUS (frequent traveller program) at the CBP Info Center and received a response in about 3 days.  As a Canadian with a criminal record, if I have an I-194 waiver, can I apply for and be granted a NEXUS card? Thank you for contacting the CBP Info Center. If you have a waiver, it is unlikely that you will be eligible for NEXUS membership based off of the general eligibility requirements and checks (ie: criminal background check).

Having lost access to the US because a criminal conviction or an overstay can be quite stressful to career and family life. I know first hand, because it happened to me. I was denied entry to the US back in 2005 after years of successful US business and family vacation travel. It was a shock to learn that a couple of age old criminal convictions (2 very bad decisions from my late teens) had come back to haunt me. After I was denied entry, I learned that my criminal record was downloaded from CPIC into the DHS and FBI database systems. The result was that I would now be inadmissible to the USA - FOREVER! Well almost... In order to return, I would need to file for a document called a 'waiver of inadmissibility'. This waiver (an I-194) would essentially negate my inadmissibility, once again allowing me to work, visit or even live in the US. In November of 2006 I received my first waiver which was valid for 5 years. Filing for a US waiver is an administrative and dau...

From wikipedia:  The Canadian Police Information Centre (CPIC) is the central police database where Canada's law enforcement agencies can access information on a number of matters. It is Canada's only national law enforcement networking computer system ensuring officers all across the country can access the same information.  So how does it work? The first step A criminal history file is created the first time an individual is charged by police. In most cases, it will be reported by the charging police service to the Canadian Police Information Centre (CPIC), a central database. It is supposed to be destroyed by CPIC after five years if there is no disposition in the case. After a conviction If the charge results in a conviction, a permanent file – a "criminal record" – is created. Cases where there is an acquittal, or charges are stayed or withdrawn, also remain in the national system and, depending on the nature of the case, are purged after a set amount of time...

These two should have read my blog. After all, there is a much easier way to get into the US.  See article: US nabs pair trying to sneak across border .

Wait times for a criminal record checks seem to have been getting much better particularly if you use the electronic fingerprint submission. RCMP recently updated their site for processing times. I received my most recent criminal record check in about 8 business days after it was electronically submitted through Morpho in Ottawa. source:  http://www.rcmp-grc.gc.ca/cr-cj/time-temps-eng.htm

Interesting flow chart which provides simple steps to determine if you're inadmissible to the US. I noticed the section on tax evasion and was unaware that such criminal convictions could not be waived. Conrad Black  with help from his attorney successfully fought the charge of tax evasion but was ultimately found guilty of mail fraud and obstruction of justice. I assume these are crimes which will allow him to eventually process an I-192 waiver application. (flow chart source: immigroup.com )

This post is intended for non-Canadians attempting to enter Canada with a criminal conviction. Citizenship and Immigration Canada has an FAQ for visitors to Canada which includes a section called "Overcoming criminal inadmissibility". Can I enter Canada if I am found criminally inadmissible?   Normally you cannot enter or stay in Canada if you are inadmissible. However, there are ways of overcoming your criminal inadmissibility. If you are inadmissible, you may become admissible again if you: satisfy an immigration or border services officer that you meet the legal requirements to be deemed rehabilitated ; apply for individual rehabilitation and get approved; or receive a pardon or record suspension . You may also be offered a temporary resident permit if your reason to travel to Canada is justified in the circumstances; and you do not pose a risk because of your inadmissibility. Visits considered justified could include family emergencies or busine...

If you have a criminal record and travelled to the US, have not yet been denied entry, be prepared for the inevitable. Do yourself a favour and don't go back until you have successfully received a record suspension (formally called a pardon) . See my previous post on Record Suspension which includes a link to the Parole Board of Canada's guide. If you have only 1 conviction, there is good news, you may not be inadmissible. See my previous post on claiming the petty offense exception . In this case, depending on your circumstances, it might make sense for you to retain an attorney or lawyer. If you are unsure about whether you will be denied entry because of your particular conviction, be sure to check out this PDF defining "morale turpitude".

When weighing their decision on a waiver application the Admissibility Review Office (ARO) must take into consideration these 3 factors: The risk of harm to society if the applicant is admitted; The seriousness of the applicant's immigration or criminal law violations; and The nature of the applicant's reasons for wishing to enter the U.S. In addition to these factors, the ARO can also consider the following: The nature of the offense; The circumstances which led to the offense; How recently the offense occured; Whether it was an isolated incident, or part of a pattern of misconduct; Evidence of reformation or rehabilitation. This builds on my previous posting about intent: Be clear about your intent . Something to consider while completing your waiver application.

Are police revealing too much in criminal record checks? According to the The Canadian Civil Liberties Association ( CCLA ) they certainly are. CCLA released a report Monday which accuses police of disclosing “non-conviction” information including withdrawn charges, acquittals and complaints to police where charges were never laid.  The report highlights the discrimination that can be faced by people who – in spite of the fact that they have never been convicted of any crime – may be refused employment, volunteer positions or travel permits due to their police record. Many individuals are not aware that this type of information is disclosed in police checks. Moreover, unlike formal criminal records, which are governed by federal legislation, procedures for removing non-conviction information from a background check are often unclear, unfair and convoluted. source: Presumption of Guilt? Don't forget that all of this information is stored in CPIC ...

After much hesitation, consideration and a little bit of research I have decided to apply for a pardon. What's a pardon? A pardon allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records. Pardons are issued by the federal government of Canada. This means that any search of the Canadian Police Information Centre (CPIC) will not show that you had a criminal record, or that you were issued a pardon. CPIC is the information system which the US CBP (Customs and Boarder Protection) share and use to check if a Canadian individual entering the US has a criminal record. If you've never been stopped while crossing into the US and the CBP has never searched CPIC, then potentially you can apply for a pardon and have you record removed from this database. In my situation, having a pardon does not help for US travel as I am...

A customs and border protection officer who I see routinely on my trips into the US (he reads my blog) handed me a little flyer which he told me he gives to some individuals to read during the questioning process. The list is quite practical and I think it is a good idea as it helps level the understanding playing field a little and eases the tension people typically feel when they're being questioned about their intended travel. Tell the truth. If you try to use false or misleading information to get into the U.S., you will be turned back. You may be kept out of the U.S. for a long time. You may even be charged with a crime. Understand the officer's role. U.S. customs and border protection officer have to judge several things: Do you pose a safety threat? Are you someone that U.S. law lets in? Are you someone that U.S. law keeps out? To do this, the officers ask questions and look at documents. They usually ask your citizenship, destination, intended activity and length...

There is often confusion regarding whether or not an individual would be deemed inadmissible to the US. The confusion tends to be over the type of crime committed and the sentences of such crime. Under US immigration law, an aggravated felony includes any crime described on the following list: murder, rape, or sexual abuse of a minor illicit trafficking in a controlled substance, including a drug trafficking crime illicit trafficking in firearms, destructive devices, or explosive materials money laundering (see 18 U.S.C. § 1956 ) certain explosives and firearms crimes (see 18 U.S.C. § 842 , 18 U.S.C. § 924 , and 26 U.S.C. § 5861 ) "crimes of violence," as defined in 18 U.S.C. § 16 , for which the sentence imposed was one year or greater theft or burglary offenses, for which the sentence imposed was one year or greater making ransom demands (see 18 U.S.C. § 875 et seq.) certain child pornography crimes (see 18 U.S.C. § 2251 ) racketeering crimes, for which the sentence...

If you are a Canadian with a criminal record and you hope to travel into the US (but not immigrate) you will need to apply for an I-194 waiver. I've provided a lot of information on this blog as a resource to hopefully aid in your process. So what about those Americans who wish to travel to Canada who have criminal, DUI related or other convictions? Well, in order to visit Canada, one must apply for a "Minister's Approval of Rehabilitation" which can be obtained through many Canadian Consulates (here is one in Buffalo: http://geo.international.gc.ca/can-am/buffalo/visas/inadmissible-en.asp). The Minister's Approval will permanently remove the inadmissibility caused by conviction. There is an interesting article I found here on The Plain Dealer (A Cleveland daily) which discusses the increased intolerance at both sides of the border. You can read the article here: What to expect going to Canada if you're an American with a record

The zero tolerance policy of the CBP has caught another in its net. This time a university teacher from the Indiana University South Bend. The clock is ticking for Stephen R. Gill. "Come Jan. 8, if there's no resolution, I'll be going back to Canada. I have no choice," said Gill, 61, who until June worked as an IUSB adjunct lecturer in English. ...Gill went to the U.S. Customs & Border Protection station near Detroit each year for the renewal. He had no problem until June 11 of this year. For the first time, a border agent asked him: "Have you ever been arrested?" Gill said he panicked and said "no." With the arrest so long in his background and details hazy, he said he had begun to doubt his own memories of the incident. The agent confronted Gill with evidence of his 1964 arrest. "At that point, I was speechless. It had turned up after 43 years," he said. You can read the full article here: IUSB teacher deported? As the reporter of t...

If you were denied entry to the US because of a criminal conviction (a crime involving moral turpitude, or CIMT) and you've committed only 1 offense then you might be able to argue that you are entitled to the petty offense exception under INA §212(a)(2)(A)(ii) if you satisfy all the following 3 statements: he/she has committed only one CIMT ; he/she "was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed"; and the offense of conviction carries a maximum possible sentence of one year or less. I quickly 'Googled' but haven't found any offenses in the current Canadian criminal code which carry maximum sentences of one year or less ( see this chart that I found ). My original convictions (I had 2) were for "Theft under $1,000" which I was told carried maximum sentences of 6 months each (called a summary conviction offense). But the law has been updated to "T...

Although having a waiver does give you access to US travel it is of course still subject to the discretion of the border officer. On one occasion this was clearly stated to me by one officer (she appeared to be having a bad day) even though after close scrutinizing she did allow me to pass. This article from the Windsor Star points out that it might be a good idea to carry along a record of your conviction ( read the complete article here ). I've never been asked yet to show mine although I do keep all of these supporting documents with me every time I travel: updated passport I-194 waiver document I-94 completed (or previously stamped for multiple entry) completed customs declaration card my travel itinerary showing proof of my return date a copy of my criminal record