Is it true that you cannot legally enter the United State if you have a criminal record?

Yes. It is illegal to enter the United States if you have a criminal record unless you are a U.S. citizen, Native Indian, or have been granted a U.S. entry waiver by U.S. Immigration.

Will all criminal offences keep me from entering the U.S.?

The U.S. does not technically bar entry for offences they do not consider to be against moral turpitude. However, U.S. border agents have been given discretion to prevent anyone with a criminal record from entering the country, even if their offence does not specifically bar them from entry. It is in your best interest to obtain a U.S. travel waiver to guarantee entry to the U.S.

Can the U.S. see my criminal record?

Yes. U.S. officials are allowed access to your Canadian criminal records when you are attempting to enter the country. They search the CPIC database using your name and date of birth to find any criminal information available.

Do I need a U.S. entry waiver if my flight to another country has a layover in the U.S.?

You must be cleared by U.S. Immigration if you wish to enter the United States, even if it is only to change flights headed to another country. There is a considerable risk that your criminal record will be found and you will be denied entry. If that happens, your airline ticket will be voided and you could find yourself stranded. If you have a criminal record and have not been granted a waiver to enter the United States, do not book a flight with a connection in the United States.

I need to enter the United States before my pardon is granted, what will happen to me?

If you attempt to cross the border prior to a pardon being granted, your criminal record is almost certain to be discovered. You will be denied entry and in some cases have your property confiscated. If you have a criminal record, even if the Canadian government has pardoned it, it is always safest to obtain a U.S. Entry Waiver prior to traveling to the United States.

Is it more difficult to cross the U.S. border now than it was in the past?

Yes. Since the September 11, 2001 attacks, the United States has made it more difficult to enter the country. Additionally, FBI and RCMP databases are now linked and border guards on both sides have the ability to view the details of your criminal records with a simple search for your name and date of birth. If you have a criminal record and attempt to enter the U.S., you are taking a serious risk.

What is a U.S. Entry Waiver and do I need one?

A U.S. Entry Waiver is a document granted by the United States that allows a person with a criminal record to enter the U.S. legally. If you have ever been charged with or convicted of a crime, you need a waiver to enter the United States legally.

Who decides if I qualify for a U.S. Entry Waiver?

The Department of Homeland Security is responsible for reviewing, approving, and declining U.S. Entry Waiver applications.

What do I need to apply for a U.S. Entry Waiver?

The requirements regarding U.S. Entry Waivers are set by the Department of Homeland Security and change often. They are also very specific. It is in your best interest to consult with an Entry Waiver specialist to ensure your application meets all required specifications.

How long does the application process take?

It can take anywhere from 3 to 10 months to gather all of the necessary forms and supporting documents needed to complete an entry waiver application. It can then take another 5 to 12 months for the Department of Homeland Security to review your application and inform you of their decision.

It is best to begin the application process long before you anticipate entering the United States.

How long is a U.S. Entry Waiver good for?

Waivers can be issued for anywhere from 6 months to 5 years. Once a waiver expires, it needs to be renewed before you can enter the U.S. again. How long a waiver is issued for is depends on a number of factors including:

• How many offences you have in your record
• The type of offences you were charged with
• How long ago the offences happened
• Your current personal situation
• And many other factors

Entry waivers are not guaranteed and obtaining one without the help of a professional is exceedingly difficult.

Can I enter the United States whenever I want if I have a waiver?

As long as the entry waiver is valid and you have all other documentation needed to enter the United States, a U.S. Entry Waiver allows you to move freely between Canada and the United States. There are no restrictions on when you can and cannot enter the country if you have a valid waiver.

Can I be refused entry if I have a U.S. Entry Waiver?

U.S. Entry Waivers allow a person with a criminal record to enter the United States legally. Unfortunately, U.S. border agents can deny entry to anyone for various reasons. A travel waiver will usually allow you entry into the United States, but there may be times when a border agent turns you away.

I have a criminal record and have never had difficulty entering the U.S. Do I really need a U.S. Entry Waiver?

You have been very lucky. Eventually, your luck will change and you will be denied entry. Subsequent attempts to illegally enter the U.S. could result in property confiscation and being detained. If you have a criminal record, try to get a Canadian pardon and a U.S. Entry Waiver.

Can I enter the U.S. without an Entry Waiver if there is a family emergency?

If you have a criminal record, it is rare to be granted entry prior to a U.S. Entry Waiver being granted. Entry is only granted in rare circumstances such as a pressing humanitarian need or possibly to attend a funeral. If you have a criminal record, it is best to apply for a U.S. Entry Waiver as soon as possible and keep it renewed once it is granted. You never know when you may need to enter the U.S.

Are there limitations to a U.S. Entry Waiver?

Yes. Waivers are only valid for specific durations lasting between 6 month and 5 years. However, as long as the waiver is valid you can enter the U.S. as many times as you wish.

When am I eligible to apply for a U.S. Entry Waiver?

There are no eligibility requirements to apply for a U.S. Entry Waiver. You can apply at any time.

What documentation will I need when applying for a waiver?

It depends on what crimes you were charged with, when you were charged with them, and the outcome of any court proceedings. Our specialists carefully comb through your records and make sure that your application is complete and accompanied by any required supporting documents.

Can my application be denied?

Yes. Applications can be denied for a variety of reasons including:

• Incomplete applications
• Insufficient rehabilitation
• Documents that contradict each other
• And many other reasons

Obtaining a U.S. Entry Waiver is a complex process often best left to professionals who handle these kinds of applications on a regular basis.

Do I need a U.S. Entry Waiver if I have been granted a Canadian Pardon?

Yes. The United States does not recognize Canadian pardons. The only way to ensure legal entry to the United States is by obtaining a U.S. Entry Waiver.