US Waiver for Canadians

Expect to have your pot record expunged once marijuana is legalized? Think again. Why? Well, when someone is charged with a crime, the laws in place at the time of the offence dictate how that individual will be punished if convicted. An exception is outlined in Section 11(i) of the Charter of Rights and Freedoms : “Any person charged with an offence has the right . . . if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing to the benefit of the lesser punishment.” The Charter says nothing about granting amnesty to a convicted individual whose offence later ceases to be a crime. That’s why, if marijuana is legalized in Canada, the legislation will probably not come with an amendment that allows all those previously convicted of possession of marijuana to be pardoned and have their criminal records expunged. Tens of thousands of Canadians are charged with possession each year. Pardons woul...

You can be refused US entry due to a past drug conviction or simply for admitting to have done drugs in your past. The current US border policies are long overdue for an update. As this article points out: "There's no reason to believe America is safer when we exclude or harass foreigners who are honest about drug use—and that's the only thing this policy achieves." Read the complete story: Why is it Still Illegal to Visit the US if You Admit to Using Drugs?

A B.C. woman named Jess Goldstein was denied entry into the US and barred for life, for admitting to US customs officials she had smoked marijuana in the past. Her car was searched, she was questioned for six hours and told she could never enter the US again. She owns a cabin in Washington state and her father is American so she used to cross quite often. Now she can cross the border only because she was granted an official waiver, which cost her $600 + in fees, and has to be renewed again each year. Meanwhile, Rob Ford, the fool mayor of Toronto, an admitted smoker of crack cocaine, has crossed the border into the US to appear on American TV. How come the US customs officials let him cross the border? Where is the punishment for Rob Ford? How come he does not have to pay $600 + a year to visit? The hypocrisy of US CBP.

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

Starting in 2014, Canadians and Americans could be required to present a passport or enhanced drivers license when entering Canada. In a move to bring further alignment between US and Canadian border legislation, the proposal could also introduce entry and exit tracking. Canadian newspaper Embassy : Citizenship and Immigration Canada plans to introduce new legal rules that would force Canadians and Americans to present authorized travel documents such as passports when entering Canada, according to departmental notes. ...A system to track entries and exits from Canada is being set up by the CBSA, and the document notes that the immigration department’s legislation will support this system. Article:   Border law will demand travel docs from Canadians

You may file for an I-194 waiver in person at a designated land border port of entry. When you bring in your application, you will be given a receipt for your application fee and the U.S. set of fingerprints will be taken. Ensure you have completed these steps in your  I-192 waiver application process . List of land border crossings: Portland Port of Entry 312 Fore Street Portland, ME 04101 Phone: (207) 771-3600 Fax: (207) 771-3608 Houlton Port of Entry 27 Customs Loop Houlton, ME 04730 Phone: (207) 532-2131 x 0 Fax: (207) 532-4153 Fort Fairfield Port of Entry 4 Boundry 4 Line Road Fort Fairfield, ME 04742 Phone: (207) 473-7474 Ft. Kent Port of Entry 401 West Main Street Fort Kent, ME 04743 Phone: (207) 834-5255 Van Buren Port of Entry 137 Bridge Street, P.O. Box 146 Van Buren, ME 04785 Phone: (207) 868-3391 Madawaska Port of Entry 63 Bridge Avenue, Suite 101 Madawaska, ME 04756 Phone: (207) 728-4376 x 0 Calais Por...

Per the previous post, U.S. customs officials said they won't strictly enforce new identification requirements at land and sea borders with Canada on June 1 because of business leaders' concerns about the impact on trade and travel. The U.S. "will have a flexible enforcement policy on June 1," said Jayson Ahern, acting customs commissioner. Eventually, "we'll get to a point where" full compliance will be required, he said. Read the complete article: New border rules won't be strictly enforced, U.S. official says Obviously, recipients of the I-194 waiver program should be possession of all necessary documents before making a trip state-side.

As of today, people travelling to the United States by land or water will need a passport or other approved documents such as the NEXUS card used by frequent travellers, the Free and Secure Trade (FAST) card used by truckers, or one of the enhanced driver's licences offered in such provinces as British Columbia, Manitoba and Quebec. The rules are part of the U.S.-imposed Western Hemisphere Travel Initiative intended to enhance border security. Read the article: Tougher passport rules

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...

First: Happy New Year! Second: I stumbled upon this news clip... The U.S. Department of Homeland Security (DHS) announced in mid-December that it is expanding the categories of non-U.S. citizens required to provide digital fingerprints and a photograph upon entry to the United States. Additional non-U.S. citizens required to provide biometrics include: Lawful permanent residents of the United States (LPRs); Persons entering the United States who seek admission on immigrant visas; and Canadian citizens who are currently required to obtain a Form I-94, Arrival/Departure Document upon entry or require a waiver of inadmissibility to enter the United States. Linking a person’s biometric information to his or her travel documents reduces the risk that a traveler’s identity or documents could be intentionally misused by someone attempting to gain entry into the United States, DHS said in a statement. Biometric collection requirements apply to most non-U.S. citizens, with limited exemptions, e...

I haven't posted in sometime so I thought it prudent to give you an update on my situation. In the last post I mentioned about an expectation of delays at Person. It appears this secondary screening now happens at most Airport border crossings. Whether you are subjected to it or not seems to be up to the official. It can be rather embarrassing if you are traveling with friends or colleagues because they'll move you to that secondary room and if busy - will keep you there until just prior to your flight. ALWAYS make sure you are there well before your departure. I now give myself at least 2 hours prior to my flight. If I have a connection, I always make sure there is plenty of times. I've seen on a few occasions people in the secondary screening rooms actually miss their flights. I've made approximately 12 crossings since my last post. I travel down to the US often for work. So much so that a lot of the officers actually know me by face now. This can help particularly if...

Today I landed in San Francisco. Another of the 6 trips to the United States that I have taken thus far with my I-194 waiver over the past few months. A couple of points from my experience: Processing time is much slower now than in the past (specifically before I needed a waiver to travel to the US). Note: Make sure you arrive at the airport with extra time before your flight! In my experience the officer always reads the waiver and cover letter in full (almost like it is the first time he/she has ever seen anything like it). They almost never ask me questions about it (like, "what did you do"). I always present my waiver right away accompanied by the completed I-94. The officer enters what appears to be a novel into his terminal (I assume it is the details of where I am going and how long I am staying and file numbers). They rarely ask me of my intended intentions in the US (in the past I used to get drilled every trip). Besides the extra time required the proce...