Do you have to have both to travel to the US?
US Entry Waiver
If you have a record and you’re contemplating a trip or you have business in the US it is complicated and your physical entry to the US is never guaranteed. If, in the past, you have been deemed inadmissible by the US for any reason, it is important to obtain a US Entry Waiver. If you haven’t been deemed inadmissible in the past, then you may not need a US Entry Waiver. You don’t necessarily have to have a criminal record to be denied either. If you have ever been arrested, given an absolute or conditional discharge they can still deny you access. Either the absolute or conditional discharge means the person does not end-up with a criminal record.
An official document, called an I-192 is provided by the US to enter the United States from Canada (or any other country). You only require this document IF you have previously been denied access to the US – the correct term is, “deemed inadmissible”. With an approved US Entry Waiver document, the border guards cannot deny you entry based on what the approved document says. The document has to include the right information for your situation. If you are unsure of what the right information is for your specific situation, call or email us for a free consultation.
What is a pardon in Canada?
A pardon gives people with a criminal record, who have proven themselves to be an upstanding citizen, a second chance so that the stigma isn’t for life. It isn’t officially called a pardon anymore. It has been renamed, record suspension. It doesn’t erase the criminal act from records – it just means the conviction is kept separate from other criminal records. The pardon removes the particular offence or offences from the CIPC system and can’t be obtained by anyone without the signature of the Canadian Solicitor General. Sex offences are still flagged in the system.
It is useful for education, work confirmations and criminal checks and a number of other scenarios. A pardon will not let anyone travel outside of Canada. It is a document strictly for use within Canada and isn’t recognized by other countries.
If you have something on your record, you need time before the offense can be pardoned – typically five years for summary convictions and ten years for serious indictable offenses. Find Out More About Pardons. This is called the waiting period – also important to note that this waiting period begins after all aspects of the sentence are completed (Example: sentenced on June 1, 2020 to a suspended sentence and two years probation. The waiting period begins after the completion of the two year probation period has ended.)
How is the US Entry Waiver different from a Canadian pardon? If you have a criminal record, what you need to know is this, if you haven’t received a pardon, your background will be seen by the US because they have access to the Canadian Police Information Centre (CPIC) records, provided by the RCMP. So yes, you will be flagged. Without knowing your specific situation we can’t provide a hypothesis to whether you will or won’t be allowed in to the US and there are never any guarantees.
Examples of Pardons vs US Entry Waivers
An example, you are 30 years old, but when you were 18 you and a group of friends broke into an abandoned factory, you were charged and convicted.
Example A: You only have a pardon You were pardoned and try to cross the border from Canada into the US. Because of the pardon, the US border guards may not see your record and the pardonable criminal activity will not be seen because it has been moved from the CPIC database that the RCMP shares with the US. Theoretically, you should be able to enter the US provided all of your other information is valid. There are still some risks – contact us for more information.
If, for any reason, you are denied entry you will have to apply for a US Entry Waiver.
Example B: You have a US Entry Waiver
The only way to have a US Entry Waiver is because you have previously been denied access to the US. This means they have already looked at your record and deemed you worthy of access. So even if your record was 12 years ago, the US Border guards would have to let you across. Your record will still flag to them and they could look deeper into you to see if there are other reasons to not grant you access. Theoretically, you should be able to enter the US provided all of your other information is valid.
Example C: You are going to chance it
If you have a minor offence and it was a long time ago it is under the discretion of the US Border Guards. Chances? Can’t give you a definitive number. It’s anyone’s best guess and could be a large disappointment to your traveling partners, boss and you could lose any deposits or payments for conferences, hotels, etc. Even if you were allowed in once, you may not be allowed again. Ask yourself if it’s worth the risk.
Example D: You have a pardon and a US Entry Waiver.
To receive the waiver, you will have had to have been denied access before. If you were denied access before the US Border Guards may ask you why. Lying is obviously one way to get you rejected forever. If you received a pardon it will not be on the information the US can see. Your best case scenario is to receive a pardon, which is a lengthy and complicated process, and if you have a US Entry Waiver document it is wise to carry both with you.
Are there any other methods of reprieve for recorded criminal offences?
Yes. Rarely. Typically four to six, in Canada, a year. The Royal Prerogative of Mercy – which are evaluated by the National Parole Board and given to the Federal Solicitor General for approval, who can then grant a full pardon/conditional pardon and more. This may still not guarantee you access to the US as they still have full discretion as to who they allow or deny entry into their country.
What is the best way to cross the border without difficulty?
Since everyone’s case and circumstances are different something that works for one person, does not work for another. We have worked in criminal court administration for almost 20 years and have seen a lot of different cases for similar offenses. Our best recommendation is to simply contact us for a free consultation to see if you could qualify for the US Entry Waiver or a Pardon. There is no obligation.