Can You Travel to America with a Criminal Record in Canada?

The US border can detect when a visitor from Canada has a criminal record thanks to information sharing agreements between the RCMP and US Department of Homeland Security. Consequently, if a traveler attempts to enter America with a criminal history in Canada they may be classified as inadmissible and denied admittance. Even if you do not plan to spend much time in the United States, border agents can be extremely aggressive if they discover you have criminal charges in your past.

If a Canadian citizen or permanent resident wants access to America with a criminal record, they can apply for a US Entry Waiver which involves convincing authorities they are safe. If approved for a Waiver of Inadmissibility, the person can then freely cross the border without risk of being refused entry due to their record. Not all convictions render a traveler inadmissible on grounds of criminality. For example: a DUI conviction may not be considered an excludable offence under US immigration law, since such a crime does not involve moral turpitude.

Have a criminal record in Canada and wondering if you can visit America? Phone our US immigration lawyer today for a FREE consultation!

US Waiver for Canadians

American border agents enforce admissibility rules at all border stations. Consequently, there is no advantage to trying one Port of Entry verses another. Canadians who are criminally inadmissible according to US immigration law are at equal risk of being denied entry at both land border crossings and airport preclearance points. If you ever get denied at the USA border, you should never try again without first consulting a qualified attorney.

Once a foreign national has been denied entrance on grounds of criminality, they are "red flagged" in the border system and risk being detained if they attempt to enter America again without first resolving their inadmissibility. If approved for a USA Entry Waiver, however, the person's past criminal activity will no longer be problematic at the border. Whether you were convicted of assault, possession of drugs, theft, fraud, mischief, or any other crime, the key to successfully visiting the United States is almost always Waiver approval. With a valid Waiver, Canadians with a criminal history can freely enter America by driving across the border, flying into the country, or even taking a bus or train.

Applying for a United States Waiver can be a complex process. In general, the more criminal charges that need to be addressed the more paperwork involved. Even charges that were dropped or dismissed will need to be properly addressed within the Entry Waiver application, although it might be possible to equate them to non-convictions in America. Convictions are typically evaluated based on the seriousness of the equivalent crime south of the border. For example: a summary offence for possession of a controlled substance in Ontario might equate to a felony conviction in the United States (they can be really tough on drug crimes). Even Canadians who have been granted a Record Suspension may require a Waiver in order to enter America, since Customs and Border Protection (CBP) agents do not have to recognize foreign pardons.

How a Lawyer Can Help

If you hire an experienced lawyer to help you get into America with a criminal record, they can likely speed up the Waiver process since they have access to the DHS e-SAFE platform. This can allow them to electronically submit your Waiver application directly to the American Government and have it processed faster than a standard paper-based application. Most pardon companies and consultants do not have access to the eSAFE portal, so if you are interested in a fast Waiver you should work with a licenced attorney.

Hoping to travel to America but have a criminal record from Canada? Contact our team to explore your available options!