If you have a criminal record, even one you’ve received a pardon for in Canada, you may have difficulties at the U.S. border. American border authorities have wide discretion to decide who is and is not admissible to the United States. The most common criminal record-related reasons for being inadmissible to enter include if you have been convicted of a crime of “moral turpitude,” if you have multiple convictions, or if you’ve been convicted for drug possession and/or trafficking. Although these are the most common reasons to be inadmissible based on your record, border authorities often find Canadians with other involvement in the criminal justice system to be inadmissible as well and the decision-making process is unpredictable.
The best way to eliminate your chance of facing difficulties at the U.S. border is to obtain a U.S. Waiver. It is possible to apply for a waiver of your inadmissibility to the U.S., which grants you advance permission to travel to and from the U.S. for a set period of time. This application process can take over a year to complete. You do not need a lawyer to complete a U.S. Waiver application, but it can be a complicated process. If you would like more information about obtaining a U.S. Waiver, contact Cassandra or Kristen at DeMelo Law today.