We are getting more calls and emails from people who are being questioned at the US Border whether they have ever been arrested by the police.
You must be very careful in answering these questions as you risk being turned away at the US border. Once you have been denied entry to the US, you will require a US Entry Waiver or I-194 to re-enter the US. This application is time consuming and costly.
If you have never been stopped at the US border but have a criminal charge, even if the charge was dismissed, withdrawn, stayed, absolute or conditional discharged, you should ensure you get a file destruction to remove the fingerprints, photos, court and police records. By doing this, you may be safe to travel without needing a US Entry Waiver, I-194.
Here is an email we received recently from a client who was granted a Pardon a long time ago but has gotten himself flagged by US Customs because of their new questioning at the US Border:
“In and around 1974, I was arrested for a break and entry. I received a pardon for that offence approx. 30 years ago and have probably made 60 or 70 trips to the US since then.”
“However, on my latest trip I was asked if I had ever been fingerprinted and of coarse I answered it as I should but told them I had recieved a pardon several years ago. They almost didn’t let me proceed since I didn’t have a copy of my pardon with me.”
“My question is, is a copy of my pardon enough or will I require a US waiver. I have since lost or misplaced my pardon as this is the first time I have ever been asked for it. How long would it take to get a copy? ”
If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at [email protected] or call 1-877-929-6011.