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 or denied entry into the US for any reason, it is important to obtain a US Entry Waiver. Even if you have never been denied or deemed inadmissible, if you’ve had any dealings with police or court, this could pose a potential issue for you in attempting to cross any border into the U.S. 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. Even if you have never been denied or deemed inadmissible, if you’ve had any dealings with police or court, this could pose a potential issue for you in attempting to cross any border into the U.S.
An official document, called Form I-192: Application for Advance Permission to Enter as Nonimmigrant, is provided by the US to enter the United States from Canada (or any other country). 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.
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 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.
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. With over 23 years of industry experience we 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.