Travelling to the U.S. – U.S. Entry Waivers FAQs

Yes. Unless the person is a U.S. citizen, is a member of a Fist Nations Treaty Tribe, or has received advanced permission by U.S. immigration (U.S. Entry Waiver), it is illegal to enter the U.S with a criminal record.
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Travelling with a Criminal Record Has Become Even More Difficult

Technically no. Offences not considered by U.S. law to be against moral turpitude, (such as driving while ability impaired), should not pose a problem. Practically however, U.S. border officials very often deny Canadians entry to the U.S. no matter what the offence is. If you have been stopped at the border or if you must go to the U.S., it is prudent to obtain a U.S. Entry Waiver.
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A USA Entry Waiver or I-194 Is Not Always Necessary

The RCMP is accessible to U.S. officials when you are attempting to enter into the United States. The U.S. officials will search your name and date of birth and the RCMP will give the official the individual’s criminal record information.

The Federal Bureau of Investigation (FBI) and/or the U.S. Customs and Border Protection (CBP) will then download the person’s Canadian criminal record from the RCMP system. The U.S. file is never erased.

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A 40 Yr. Old Criminal Conviction Can Prevent You From Traveling to the US

Anytime you enter the U.S. you are required to clear U.S. Immigration, even if you are only entering the U.S. en route to another country. There is a good chance your record will be revealed and you will be denied entry. In such a case, your airplane ticket will be voided. If you have a criminal record and you do not have a U.S. Entry Waiver, you should not have connections in the U.S.

For more information, please visit the following links:
US Entry Visa Waiver (I-192, I-194) Required Even For a Temporary Stopover in the US

There is a good chance your record will be revealed and you will be denied entry. In such a case, if traveling by plane, your airplane ticket will be voided. If traveling by automobile, in most cases you will be turned away, and in some cases your vehicle will be confiscated. It is always best to acquire a U.S. Entry Waiver prior to traveling to the U.S. with a criminal record.

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USA Entry Waivers (I-192) Are Necessary If You Have a Criminal Record In Canada

You may have often passed through U.S. Immigration after answering a few standard questions about your citizenship and the purpose of your trip. You have been lucky. Ever since the terrorist attacks in 2001, there have been increased precautions and an increase in the number of officials at each of the U.S. borders. Since June 2009, it is mandatory for Canadians to present a passport to enter into the U.S. This greatly increases the chance of your past criminal history being exposed.

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A Theft Under Conviction From 1977 Can Show Up at the US Border

If you are caught a second time, you will be treated much more harshly. Under the U.S. Immigration Act, immigration officers are permitted to take the vehicle you are travelling in, even if you are not the owner or driver.

If you are travelling by bus, you will be removed and sent back to Canada. If you are travelling by airplane, your ticket will be stamped VOID and you will not be able to collect cancellation insurance. It is also common, if stopped a second or third time, to be detained and handcuffed. The experience can be quite devastating.
It is much easier to get caught a second time because the U.S. have their own files pertaining to you and your criminal record, which were created the first time you were stopped. Therefore, any search they conduct will reveal this information. If you keep trying to enter the U.S. after having been refused entry, you reduce the chances of being granted a U.S. Entry Waiver which would give you permission to legally enter the U.S. with your criminal record.

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“Getting stopped at the US border for having a criminal record was embarassing”

Yes. Since the tragedy of September 11, 2001, border regulations have gotten tighter. FBI databases are now linked to the RCMP (CPIC) databases. Border guards can view criminal record details simply by typing your name into their computer terminal. Unless you obtain a U.S. Entry Waiver, you are taking a serious risk anytime you try to cross the U.S. border with a criminal record.

For more information, please visit the following link:
US Border Crackdown on Canadians with Criminal Records Is Intensifying

A U.S. Entry Waiver (Advanced Permission for Admissibility) is a document that allows people who have been convicted of a criminal offence to legally enter the U.S.

For more information, please visit the following link:
USA Entry Waivers (I-192) Are Necessary If You Have a Criminal Record In Canada

The Admissibility Review Office (ARO) reviews your application and has the authority to grant you a U.S. Entry Waiver.

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How to obtain a US Entry Waiver or I-194

Waiver applications are reviewed by the Admissibility Review Office (ARO). The requirements from ARO regarding the waiver application are quite specific and change frequently. It is best to consult one of Pardons Canada’s counsellors.

Collecting and preparing the application forms and all of the supporting documents can take anywhere from 6 to 12 months. It will take between 6 to 12 months for ARO to review your application. Therefore, it is best to start the Waiver application well in advance of the date that you wish to enter the U.S.

Waivers are issued for a period anywhere from 6 months to 5 years after which time they must be renewed. In rare cases, such as where a person has been refused entry for an offence that is not considered to be against moral turpitude, a person may receive a permanent document to be used when crossing the border.

How long a Waiver will be issued for is dependent on the nature of the offences, when they occurred, the length of the criminal record, the individual’s personal situation, and many other factors. Although the granting of a Waiver is subjective, Pardons Canada has a very high success rate if we prepare your application for you.

With a U.S. Entry Waiver you may travel freely between borders so long as the Waiver is valid and you bring all other documents that you would normally need to cross the border. U.S. Entry Waivers expire and must be renewed if you wish to continue traveling to the U.S. The waiver must be carried along with your passport as part of your travel documents.

Having a U.S. Entry Waiver allows you to legally enter the U.S. with a criminal record. However, anyone can be refused entry to the U.S. for various other reasons based on security issues at the port of entry.

If you absolutely MUST travel to the U.S. before your Canadian criminal record is pardoned or destroyed, you may need to apply for a U.S. Entry Waiver to legally enter. Essentially, you will be admitting and giving details about your criminal record to the U.S. federal government. Once a Waiver application is submitted, the FBI will download the details into their files and they will never be removed, regardless of a Pardon / Record Suspension. You will then need a Waiver for the rest of your life. This is called a voluntary waiver.
If it is not necessary to travel to the U.S. right away, it is best to remove your Canadian criminal record first. If you have never been stopped at the U.S. border it means that they do not know about your criminal record. After your record is pardoned or destroyed, the U.S. border officials do not have access to it.

In some circumstances a Port Parole can be obtained from U.S. Customs and Border Protection, which allows the applicant temporary access to enter the U.S. while their Waiver application is being processed. However, Port Parole is only granted for urgent humanitarian reasons, emergency medical treatments or to attend a funeral of a close family member.

Yes. U.S. Entry Waivers are only issued for a specific period of time. However, you may enter the U.S. multiple times until the Waiver expires.

You can apply for a U.S. Entry Waiver at any time.

That depends on what you were charged with, how long ago you were charged and why you need to enter the U.S. Our analysts will carefully review your situation and ensure your application and supporting documents are properly prepared.

Yes. There are several reasons why a U.S. Entry Waiver may be denied; such as, if you do not prepare your U.S. Entry Waiver application correctly, if you do not show sufficient rehabilitation (where applicable), if you submit confusing or contradicting supporting documents.
Pardons Canada has been preparing successful U.S. Entry Waiver applications for 25 years. Consequently, our analysts can advise you and properly prepare the application on your behalf, taking into account your personal circumstances.

If you have ever been refused entry at the U.S. border because of your criminal record, it means that the U.S. authorities have retained a copy of your criminal record. Unfortunately, U.S. Immigration does not recognize a subsequent Canada Pardon / Record Suspension. The U.S. government will never erase or seal such records. Consequently, you will require a U.S. Entry Waiver.
If U.S. Immigration officials have never accessed your criminal record using the Canadian Police Information Centre (CPIC), and you obtain a Canada Pardon / Record Suspension, that will remove your criminal record information from CPIC . This means that the U.S. will not have access to this information.

If you are considering immigrating to the U.S., or applying for a U.S. work authorization, you will need to undergo a police clearance. If you have a criminal record, it will negatively affect your application, and may result in your application being denied. At a minimum you will be required to do additional paperwork. Applying for a pardon before applying for immigration or work status in the U.S. is strongly recommended.

We endeavor to provide up-to-date information regarding the requirements and procedures to obtain these documents, especially when a U.S. Entry Waiver or Canadian Pardon is one of the requirements, and is being processed through our office.

The general public is welcome to prepare their own application. However, most choose not to as it is an extremely subjective, difficult and lengthy process and the rules and policies change without notice. There is no one available at the ARO offices to assist individuals in preparing their own application. Because we have been successfully preparing Pardons and Waivers for 25 years, the process is very straightforward for us at Pardons Canada. Our counsellors can answer questions specific to your situation.