Can a Person with a Recent Criminal Offence Travel to the U.S.?

The ability to visit the United States whether for business, pleasure or family reasons is something that many Canadians take for granted, yet for those with a recent criminal offence on their record, this can quickly become complicated.

U.S. Customs and Border Patrol can deny you entry to the U.S. if you have a Canadian criminal record no matter how old or small the offence. Usually, they are less concerned with criminal convictions like a DUI, Impaired Driving, Over 80, or common assault, but it is ultimately up to the border officers themselves to decide.

If a criminal record contains drugs, theft, fraud, or weapons convictions, the likelihood of being denied entry to the US is much higher. Once denied entry to the U.S. you will need a U.S. entry waiver, or I-192, to be able to return.

How Can A Criminal Record Impact Travel?

The U.S. maintains strict entry criteria for those who cross its borders, particularly for individuals with a criminal record. Entry into the U.S. may be denied regardless of the severity or the age of the offence if a border officer deems it necessary.

These strict policies leave many wondering about their chances of crossing into the U.S. for vacations, work, or family visits, even if they have crossed successfully in the past.

The Role of the I-192 Waiver in Gaining Entry to the U.S.

The I-192 entry waiver exists as a potential lifeline for those with criminal records in Canada. However, it’s not a simple fix. Getting an I-192 approved is a lengthy and expensive process and the document is only valid for a maximum of five years before needing to be renewed.

The application process is thorough, demanding a deep dive into the applicant’s background, a demonstration of rehabilitation, and a convincing argument for their need to enter the U.S.

Our Entry Waiver Case Study

To better understand the way U.S. Customs and Border Protection (CBP) looks at these matters and their implications, let’s explore a case study.

Our subject is a 76-year-old man with a recent conviction for possession of child pornography who served his time and completed parole in June of 2023.

The Eligibility of a Recent Offender for a U.S. Entry Waiver

In the case of our subject, the recent and severe nature of his offence presents significant challenges in obtaining a U.S. entry waiver.

The U.S. immigration system takes such convictions very seriously, often resulting in a long waiting period before the subject is even considered eligible to apply for a waiver.

What are the Chances of This Waiver’s Approval?

Legal experts might advise that in cases of serious offences, especially those that are relatively recent, the probability of obtaining a U.S. entry waiver is low. However, there are no absolutes, and the door is not forever closed. With time and evidence of rehabilitation, possibilities can emerge.

The Human Aspect of U.S. Entry: Family, Rehabilitation, and Hope

Behind every application is a story. Our subject’s desire to reunite with his family in the U.S. is a powerful motivator for change.

Yet, the path to redemption in the eyes of U.S. law is fraught with obstacles, especially when the crime involves moral turpitude or poses a perceived threat to society.

The Passage of Time: A Factor in Waiver Applications

Time can be a redeeming factor. Although the subject of our case may face initial disappointment, as years pass and he remains offence-free, his chances for approval could improve.

The ten-year mark post-offence often serves as a milestone when such applicants might see more success.

Navigating the Path Forward with Pardons Canada

Pardons Canada can provide crucial assistance to Canadians facing the daunting task of applying for a U.S. entry waiver. Our expertise can be the difference between a rejected application and successful entry into the United States.

Preparing for the Application: Evidence and Documentation

The success of a U.S. entry waiver application rests on meticulous preparation. From legal documentation to character references and evidence of rehabilitation, each element is critical in building a compelling case for your entry.

Overcoming Recent Offenses for U.S. Entry Waivers

So, can a person with a recent criminal record in Canada travel to the U.S.? While the road is difficult and the outcome uncertain, there is a way. While recent offences present significant hurdles, they do not permanently close the door to the United States.

While rigorous, the U.S. entry waiver process offers a glimmer of hope for Canadians seeking to cross the border. It demands patience, a thorough understanding of the legal process, and an unwavering commitment to rehabilitation.

Pardons Canada can offer the guidance and expertise needed for a successful application.Contact us to learn more.

Frequently Asked Questions

Do you have any unanswered questions about U.S. entry waivers? Our FAQ page and the section below may have the answers you need.

How do I apply for a U.S. Entry Waiver?

The application process for a U.S. entry waiver involves submitting Form I-192, providing fingerprints, undergoing a background check, and submitting any supporting documentation demonstrating rehabilitation or the purpose of travel. Pardons Canada can help with this process.

How long is the U.S. Entry Waiver valid?

A waiver is typically valid for a period ranging from one to five years. The validity period is determined by the U.S. Department of Homeland Security on a case-by-case basis.

Is a Canadian pardon or record suspension recognized by the U.S.?

U.S. authorities do not recognize Canadian pardons or record suspensions, but they can help in a waiver application process. Individuals who have received a pardon in Canada still need to disclose their past convictions when applying for an entry waiver.

Pardons Canada undertakes all necessary steps and procedures for removing your criminal record, including: Pardons/Record Suspensions, Purges, Photograph & Fingerprint Destruction, and U.S. Entry Waivers.