Can I Travel to the US For Business If I Have a Criminal History?

Canada and the United States have the largest trade relationship in the world with more than $500 billion worth of imports and exports moving between the two countries each year. The amount of business travel between the USA and Canada is also extremely high, and if you are a Canadian that ever travels for work, it is almost guaranteed that eventually you will do business in America. Being neighbors and close allies with the United States, residents of Canada can sometimes forget that travelling south of the border means entering a foreign nation, and USA just like every other country has certain requirements that foreigners must meet before they can cross the border.

To get into the US, a person must be in good health, have a valid passport, have roots in their own country such as a job or apartment, be able to financially support themselves during their stay, and must agree to leave the United States when the duration of their visit has come to an end. On top of all these conditions, if a Canadian citizen has any criminal conviction, no matter how long ago it happened or if it has been pardoned, they will frequently be deemed inadmissible to USA. This means that a single conviction can cause a business traveller from Canada to be denied entry to US, even if it happened 20+ years ago for something as simple as possession of marijuana. Even if the individual has since received a Pardon or Record Suspension from the Government of Canada, a summary or indictable offence can still be problematic at the American border.

Business travel is one of the most popular reasons for a Canadian with a criminal record to seek special permission to enter the US. If an individual with a criminal history wants to travel from Canada to USA for business, they will very likely require a US Entry Waiver to do so successfully. The good news is that work travel (business meetings, industry conferences, etc) is typically considered by US border authorities to be a valid reason for requesting an Entry Waiver. Even though business is one of the most justified reasons for travelling to the United States with a criminal record, it is still crucial that a business traveller complete their US Entry Waiver application form precisely correct as even a tiny error can result in a Waiver application being denied. It can also take up to 12 months to get approved for a United States Entry Waiver if you do the paperwork yourself, so make sure to apply well in advance of your intended travel date. If you need to enter the United States for business asap, we strongly encourage you to contact an experienced US Immigration Lawyer and ask about urgent criminal entry to USA. We have access to the Department of Homeland Security's e-SAFE platform (exclusive to licensed US immigration lawyers), allowing us to expedite the US Entry Waiver process to only 170 days!

Cannabis Business

Anyone who works in the Canadian cannabis industry must be very careful when travelling to the US on business even if they have a clean criminal record. Whether you are a cannabis entrepreneur, such as a dispensary owner, or you are simply employed by a licensed producer or other cannabis company, under US immigration law you can be refused admittance by American border patrol agents. Even a few investors in cannabis-related businesses have been reportedly given lifetime bans from the United States. Even if your occupation is legal in Canada and you are only conducting business with companies in USA that are based in states that have legalised marijuana, the US border is under federal jurisdiction and cannabis is still illegal according to federal law.

To learn more about travelling to the US for business when you have a criminal past, contact us today for a free consultation!