Crossing the border into the United States for business, leisure, or to see family is a privilege that most Canadians take for granted. US Customs and Border Protection (CBP) has the right to run background checks on anyone passing through the border, and the presence of even completed charges on your record can lead to you being denied entry. This can be a shocking and confusing experience, especially if you are unaware of their existence.
So what happens if you get denied entry at the US border? Pardons Canada has over 3 decades of experience helping Canadians navigate this process and regain their travel freedoms.
Consequences of Being Denied Entry at the US Border
If you are denied entry at the US border, you may be subjected to immediate questioning or detention. Border officers might collect your fingerprints and other information, and you could be sent back to Canada or held for further review.
Long-term Consequences
Being turned away because of the discovery of a criminal record can have long-term implications. Future travel to America will require a U.S. entry waiver or other special permissions, and you may face increased scrutiny or difficulty travelling internationally.
The Real-life Experience of Being Denied Entry
To better understand the potential challenges and complexities of being denied entry at the U.S. border, consider this real-life experience from a visitor who faced unexpected difficulties due to a past conviction.
The Initial Denial
“The first I heard of any of this was in July 2023 when we were headed to Vermont for a weekend of hiking and shopping. I was brought into secondary and advised that there was a deep dive and my name was flagged because of a past criminal conviction.”
“I was devastated and utterly confused as I never in my entire life have come across this situation. I was beside myself when the Border Patrol Officer advised me that the reason they pulled me into secondary was for a past criminal conviction.”
Why Did This Happen?
“Since 1985, I have worked for Government Organizations that required the highest TOP Level of security clearance in Canada. I have cleared multiple criminal police checks in my life and have never had any issues. I was truly in utter shock. I was convinced they had the wrong person and this was just a HUGE mistake.”
“The Officer later stated the issue was due to an incident in 1985, where I was charged with theft under $200, which was automatically dissolved. The Border Patrol Officer advised me that I required a letter from my local courthouse in Canada confirming that I did not have any convictions. I did just that.”
“After searching every possible database and file, it was confirmed there was no record of me in their system nor any files to support any criminal convictions pertaining to me. The Agent provided a sealed document stating that I DO NOT have any criminal convictions and said that this is what I needed to resolve the issue.”
“I also visited our local RCMP office IdentoGO where they couldn’t help. Pardons Canada and the Agent there stated that I could not apply for a pardon without a conviction to be pardoned in the first place.”
Second Attempt to Cross
“The next time I attempted to cross over from Canada into the USA was December 2023 and I was called into secondary again. I provided the Border Patrol officers with my sealed letter from the Canadian courthouse, but I was then told it wasn’t sufficient.”
“At that time, the Officer must have seen my defeat and provided me with the date of my offence as well as my case number to assist in resolving the situation. The Border Patrol Officer could see a charge in the system but could not see any details of the incident. She said there should be a dash-1 or dash-2 at the end of the file number to let the Border Patrol Officers know if you can enter. This is my understanding as to why I am having difficulty with all of this.”
What Now?
“In the end, I was given permission to cross both times and I was advised that this needed to be rectified to cross in the future without this issue. As mentioned above, any help or guidance you can provide would be greatly appreciated.”
How to Handle Denial at the Border
If you are denied entry at the US border, take cues from our visitor’s story. It’s important to stay calm and cooperative. If Border Control lets you in, then you may not need a U.S. entry waiver, also known as an I-192, which is good because the process costs at least $3000, the waiver needs to be renewed every five years and you would need it for the rest of your life. If they deny you entry and fingerprint you at the U.S. border, then you will need an entry waiver.
Our Expertise with US Entry Waivers
Pardons Canada can provide US entry waiver information and support you through the application process. With years of experience, our team understands the legal requirements and can give you the best possible chance of gaining entry to the United States again.
Contact Pardons Canada for Help
If you have been denied entry at the US border due to a past criminal conviction, seeking professional help can be crucial in regaining your travel freedoms and avoiding future problems. Pardons Canada has been helping individuals with criminal records navigate these issues for over 3 decades. Contact us today to start the process with a free consultation!
FAQs About Being Denied Entry at the US Border
If you have questions about how to avoid being denied entry at the US border, the section below may contain the answers you’re looking for.
Can I be denied entry to the US for a minor offence?
Yes, you can be denied entry to the US for minor offences, such as a petty theft conviction. The U.S. has strict policies regarding criminal records, and even a minor offence can result in denial without a waiver.
How can I clear my criminal record before travelling to the US?
A record suspension, or pardon, can seal away your criminal record before travelling to the US. Pardons Canada specializes in helping individuals apply for record suspensions, which can improve your chances of entering the US. Refer to our website for guidelines on applying for a pardon.
Do I need a lawyer to apply for a US entry waiver?
While you do not need a lawyer to apply for a US entry waiver, seeking professional assistance, like from Pardons Canada, can simplify the process and increase your chances of success. The application process is complex, and the guidance of our experts can make all the difference.