US Waiver for Canadians

Good discussion by the National Post: Was Rob Ford denied entry to the U.S. and if so, why?: ‘He can’t just turn around and say ‘I’ve changed my mind’’ .  Why would the United States have deemed the Toronto mayor inadmissible? Admitted drug use is one basis for inadmissibility, said Ms. Somerleigh, but there are more than 60 grounds on which entry could be denied. The “admissibility and inadmissibility of aliens” into the United States is governed by the Immigration and Nationality Act, which divides grounds for denial into several major categories, including health-related, criminality, security, labour certification, illegal entrants and immigration violations and documentation requirements. Ms. Somerleigh said a Customs officer may have asked the mayor directly about drug use, or could have already had knowledge of it, “because everyone does.” Read the article:  Was Rob Ford denied entry to the U.S. and if so, why?: ‘He can’t just turn around and say ‘I’ve changed my ...

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

A B.C. woman who was denied entry into the U.S., and barred for life, for admitting she’d smoked marijuana can now cross the border again thanks to an I-194 waiver. Jess Goldstein was asked at one point by the US border guard if she had ever smoked marijuana and admitted to smoking pot the week before. Despite having no criminal record, Goldstein was questioned for six hours and her car was searched, before she was told she could never enter the U.S. again. Now Goldstein can cross the border but only because she was granted an official waiver, which cost her $585, $75 for finger prints and has to be renewed again next year. There were likely addition fees not mentioned in the article, as Goldstein went through a lawyer. See the rest of the article:  B.C. woman who told U.S. border guards she smoked pot must pay $600 to cross again

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...

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".

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 ...

The border agent always has discretion, no matter what papers you hold, if you are not a US citizen. The only people who are guaranteed entry into the US are US Citizens. Be sure to have proof of your ties to Canada when you attempt to enter the US, so that there's no room for belief that you will overstay in the US. If asked, you should demonstrate your intent to return home by showing things that would compel you to leave the United States at the end of your temporary stay: a return ticket; a job or enrolment in an academic program in Canada;  addresses of family members living in Canada; substantial property holdings such as a mortgage; or money in a local bank. There is no distinct group of documents that you must present to the border officer or set of circumstances that will guarantee entry, but the facts of your case must be convincing. The law places the burden of proof for meeting this residence abroad requirement on you.

Found this interesting: A single DUI conviction is not grounds to deny entry into the U.S; however, multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make you inadmissible and require a waiver prior to entering the United States. A  crime of moral turpide (CIMT) may be grounds to deny entry to the U.S. Source:  Admission to the U.S .with either a misdemeanor or criminal record

I thought it might be useful to briefly recap the steps needed to apply for the I-194 (advance permission to enter the United States) after being denied entry at the US border (you can read about when I was refused entry and my background here ). Find your local fingerprint office (call to see if you need an appointment). Bring your passport and $25 CDN. See this previous post for details. Mail the C-216C form to the RCMP. Include a check for processing ($25 CDN). Refer to this post . Wait up to 2 months for a reply... When you receive your completed C-216C from the RCMP ensure it includes the fingerprint chart with a date stamp and the documentation related to your conviction and disposition. See this post about when I received mine. Complete a personal statement regarding your intended activities in the US. If you are inadmissible because of a criminal conviction you must also complete a statement explaining the circumstances of each arrest, conviction and the sentence or fi...

Here's an interesting post about the American position on traveling to Canada with a criminal record. The War on Terror hasn't caught many terrorists. But at the Canadian border, it's snagging thousands of tourists who are denied entry due to convictions decades ago for relatively minor offenses. You can read the complete article here .