Can I Travel to USA With a Canadian Pardon? Your Guide

Are you a Canadian citizen with a past criminal record wondering if you can visit the United States? The answer isn’t always straightforward, and it’s crucial to understand the complexities involved. SIXT.VN provides expert guidance to navigate the US entry requirements for Canadians with a criminal history, ensuring a smooth and stress-free travel experience. Learn about US Entry Waivers, admissibility criteria, and how to overcome potential hurdles for your next trip.

1. Understanding US Entry Requirements for Canadians with a Criminal Record

Navigating the intricacies of US entry with a criminal record can be daunting. It’s essential to understand the baseline requirements and how a Canadian pardon plays into the equation.

1.1. Why a Canadian Pardon Doesn’t Guarantee US Entry

A common misconception is that a Canadian pardon (now called a record suspension) automatically clears your path to the US. This isn’t the case. While a Canadian pardon seals your criminal record within Canada, the United States does not recognize it. According to the U.S. Department of Homeland Security, they maintain access to Canadian criminal databases, meaning your past conviction may still be visible to US Customs and Border Protection (CBP) officers. This means that even with a Canadian pardon, you might still be denied entry.

1.2. The Impact of 9/11 on Border Security

The events of 9/11 prompted the US Department of Homeland Security to tighten border security measures significantly. As a result, US Customs and Border Protection (CBP) now has full access to Canadian criminal databases, including APIS and CPIC, maintained by the RCMP. This access allows them to see any criminal conviction a Canadian has ever had, regardless of whether the person has obtained a record suspension. After 9/11 the US Department of Homeland Security began taking a number of different measures to increase security at the border. As of 2010, US Customs and Border Protection (CBP) now has full access to the Canadian criminal databases including APIS and CPIC (maintained by the RCMP), and as a result Canadians with even a single criminal conviction dating as far back as the 1960s can find themselves inadmissible to the USA.

Alt: Canadian pardon certificate next to US and Canadian flags, symbolizing the complex relationship between pardons and border crossing.

1.3. Who is Considered Inadmissible to the US?

Several factors can render a Canadian inadmissible to the US, including:

• Criminal convictions: This is the most common reason, especially for crimes involving moral turpitude.
• Immigration violations: Such as overstaying a previous visa or entering the US illegally.
• Health reasons: Having a communicable disease or failing to meet vaccination requirements.
• Security concerns: Being suspected of terrorism, espionage, or other threats to national security.

2. What is a US Entry Waiver (I-192 Waiver) and How Can It Help?

If you are inadmissible to the US due to a criminal record, a US Entry Waiver, officially known as Form I-192, is your key to legal entry.

2.1. Defining a US Entry Waiver

A US Entry Waiver is a document issued by the US Department of Homeland Security that grants permission for a Canadian citizen with a criminal record or other admissibility issue to enter the United States temporarily. This waiver temporarily overcomes your inadmissibility, allowing you to visit the US for tourism, business, or other permitted purposes. A US Waiver of Inadmissibility can be issued for a time frame of one, two, or five years depending on a number of factors including the strength of the application, the seriousness and extent of the crimes that were committed, the amount of time since the convictions occurred, and whether or not it is a new Waiver or a Waiver renewal. A person can visit the United States multiple times during the duration of a single US Travel Waiver, but if they plan to stay for more than three months at once there may be additional forms that will need to be completed, notarized, and then attached to the application.

2.2. The Application Process: What to Expect

The application process for a US Entry Waiver can be complex and time-consuming, and requires meticulous attention to detail. Key steps include:

1. Gathering Documents: This includes proof of Canadian citizenship, fingerprints, police records, court documents related to your conviction, character references, and evidence of rehabilitation.
2. Completing Form I-192: This form requires detailed personal and criminal history information.
3. Submitting the Application: The application must be submitted to US Customs and Border Protection (CBP).
4. Paying the Fee: A non-refundable application fee is required.
5. Attending an Interview (if required): In some cases, you may be required to attend an interview with CBP officials.

The Department of Homeland Security standards are extremely high, and forgetting to include even a single document can result in the entire application being rejected. For this reason, many Canadians choose the stress-free option of using a qualified US immigration lawyer to assist them. There is simply no faster way to obtain special permission to enter the United States than by retaining a professional.

2.3. Factors Influencing Waiver Approval

Several factors are considered when evaluating a US Entry Waiver application, including:

• The nature and severity of the crime: More serious crimes are more likely to result in denial.
• The time elapsed since the crime: The longer ago the crime occurred, the better your chances of approval.
• Evidence of rehabilitation: This is crucial. You must demonstrate that you have taken steps to rehabilitate yourself and are no longer a threat to public safety.
• Reasons for travel: The purpose of your trip to the US will be considered. Compelling reasons, such as family visits or essential business travel, can strengthen your application.
• Overall risk to public safety: The US government must be convinced that allowing you entry will not pose a risk to the safety and security of the United States.

Alt: US Entry Waiver application form I-192 with supporting documents, highlighting the paperwork involved in seeking permission to enter the US.

2.4. How Long Does It Take to Get a US Waiver?

The processing time for a US Entry Waiver can vary significantly depending on several factors, including the complexity of your case, the volume of applications being processed by the US Department of Homeland Security, and whether you apply on your own or with the assistance of a US immigration lawyer.

• Applying on Your Own or Through a Consultant: Processing times can take up to 12 months.
• Retaining a US Immigration Lawyer: The Waiver application can be submitted through the Department of Homeland Security’s e-SAFE platform and can be processed in about 170 days.

2.5. Consequences of Attempting to Enter the US Without a Waiver

Attempting to enter the US without a valid US Entry Waiver if you are inadmissible can have serious consequences:

• Detention: You may be detained at the border.
• Deportation: You may be deported back to Canada.
• Vehicle Confiscation: In some cases, your vehicle may be confiscated.
• Flight Denial: If flying into the US, you will not be allowed to board your flight and risk losing all the money you spent on airfare, hotels, and other travel-related expenses.

3. Specific Crimes and Their Impact on US Admissibility

Not all crimes are treated equally when it comes to US admissibility. Certain offenses carry more weight than others and can significantly impact your ability to enter the country.

3.1. Crimes Involving Moral Turpitude (CIMT)

Crimes Involving Moral Turpitude (CIMT) are a key factor in determining US admissibility.

3.1.1. Defining Moral Turpitude: Crimes that involve moral turpitude are those crimes where conduct is vile, depraved, and contrary to the accepted rules of morality and the duties to society in general. Moral Turpitude is a legal concept in the United States that began appearing in US immigration law in the early 1800s and refers to conduct that is considered discordant to community ideals of honesty, justice, and strong morals. Exactly which criminal offences are considered to involve moral turpitude is constantly changing due to its loose definition.

3.1.2. Examples of CIMT:

• Arson
• Assault with intent to kill, commit rape, commit robbery or commit serious bodily harm
• Blackmail
• Bigamy
• Bribery
• Burglary
• Contributing to the delinquency of a minor
• Counterfeiting
• Embezzlement
• Extortion
• False pretenses
• Forgery
• Fraud
• Gross indecency
• Harboring a fugitive from justice (with guilty knowledge)
• Incest (if the result of an improper sexual relationship)
• Kidnapping
• Larceny (grand or petty)
• Lewdness
• Mail fraud
• Malicious destruction of property
• Manslaughter – Involuntary (where the statute requires proof of recklessness)
• Manslaughter – Voluntary
• Mayhem
• Murder
• Knowingly receiving stolen goods
• Pandering
• Perjury
• Prostitution
• Rape (including “statutory rape” by virtue of the victim’s age)
• Robbery
• Tax evasion (willful)
• Theft (with intention)
• Transporting stolen property (with guilty knowledge)
• Aiding and abetting, being an accessory, or conspiring to commit any of the above

3.1.3. CIMT and Inadmissibility: If a resident of Canada is convicted of a crime involving moral turpitude (CIMT), they will immediately become inadmissible to the USA according to section 212(a)(2)(a)(i) of the INA.

3.2. Controlled Substance Violations

Even a single conviction for simple possession of marijuana or any type of drug paraphernalia can render you inadmissible to the US. This includes any type of drug paraphernalia.

3.3. Multiple Convictions

Having two or more summary convictions can also lead to inadmissibility, although this does not include dangerous driving, DUI, or general assault.

3.4. Crimes NOT Involving Moral Turpitude

• Black market violations
• Breach of the peace
• Breaking and entering (requiring no implicit intent to commit a crime involving moral turpitude)
• Carrying a concealed weapon
• Damaging private property (where intent to damage not required)
• Desertion from the Armed Forces
• Disorderly conduct
• Driving while license suspended or revoked
• Drunk driving (DUI) or reckless driving
• Drunkenness
• Escape from prison
• False statements (not amounting to perjury or involving fraud)
• Firearm violations
• Gambling violations
• Immigration violations
• Joyriding (where the intention to take permanently not required)
• Juvenile delinquency
• Liquor violations
• Loan sharking
• Lottery violations
• Minor traffic violations
• Passing bad checks (where intent to defraud not required)
• Possessing burglar tools (without intent to commit burglary)
• Possessing stolen property (if guilty knowledge is not essential)
• Smuggling and customs violations (where intent to commit fraud is absent)
• Tax evasion (without intent to defraud)
• Trespassing
• Vagrancy

3.5. The Petty Offense Exception

According to section 212(a)(2)(A)(ii)(II) of the INA, even if an individual has committed a crime of moral turpitude, they may still be eligible for entry into US without a Waiver if the crime qualifies as a “petty offence.” A CIMT is considered a petty offence if the maximum penalty for committing it is one year or less, and the person was sentenced to no more than six months imprisonment (the exact amount of time they actually ended up spending in jail does not matter). Regardless of whether or not the crime was a summary offence or an indictable offence, an experienced US Immigration Attorney could potentially show that the petty offence exception applies using a certified disposition from the court and a copy of the statute under which the person was convicted. If the crime you were convicted of does not meet the requirements of a petty offence, you will need a US Travel Waiver to enter American soil and must fill out USCIS Form I-192 with or without the help of a qualified USA immigration lawyer.

4. Cannabis and US Border Crossing: What Canadians Need to Know

With the legalization of cannabis in Canada, many Canadians are unsure about the implications for crossing the US border.

4.1. US Federal Law vs. State Laws

It’s crucial to remember that while some US states have legalized recreational marijuana, cannabis remains a Schedule 1 controlled substance under US federal law. The border is under federal jurisdiction, so federal law prevails.

4.2. Admitting to Cannabis Use

Any Canadian who admits to smoking pot to US Border Patrol may be considered criminally inadmissible to the USA and refused entry.

4.3. Involvement in the Cannabis Industry

Canadians who are indirectly involved in the legal cannabis industry, such as those working for a company that produces equipment that can be used by cannabis businesses, may also be at risk of being banned for life from the United States.

4.4. CBP’s Stance on Cannabis-Related Travel

In October 2018, US Customs and Border Protection (CBP) released a statement clarifying their position. They are primarily concerned about Canadians travelling to USA specifically for cannabis-related purposes. However, CBP now indicates that they are primarily concerned about Canadians travelling to USA specifically for cannabis-related purposes. According to CBP, “a Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the US for reasons unrelated to the marijuana industry will generally be admissible to the US.”

Alt: Image depicting a person with a cannabis leaf, symbolizing the complex legal landscape surrounding cannabis use and border crossings between Canada and the USA.

4.5. Amnesty for a Previous Pot-Related Conviction in Canada

Now that marijuana has been legalised in Canada, the Liberal Government has announced that it will expedite the processing of pardons for any Canadian with a minor cannabis-related criminal conviction that involved less than 30 grams of marijuana. Even after receiving an official pardon, however, these Canadians could still be denied entry at the US border. According to Todd Owen, the assistant commissioner of field operations at US Customs and Border Protection (CBP), “we do not recognize the Canadian amnesty. If you have been the subject of a violation of US laws, that will still make you inadmissible to our country.” Consequently, even after being granted amnesty by the Government of Canada, a Canadian with a conviction for simple possession of marijuana may still require a USA Waiver in order to cross the border successfully.

5. Expediting Your US Entry Waiver with e-SAFE

For those seeking a faster route to US entry, the e-SAFE program offers an expedited processing option.

5.1. What is e-SAFE?

The DHS eSAFE portal allows US waivers are now possible for Canadian citizens in only 170 days! However, Getting an e-SAFE Waiver is only an option when working with a US immigration lawyer, however, so if you hire a “consultant” or “pardon service” they cannot assist with an expedited eSAFE Waiver (regular processing can take up to 1 year).

5.2. Benefits of Using e-SAFE

The main benefit of e-SAFE is the significantly reduced processing time. It is the fastest route to being able to cross the border with a summary or indictable conviction from Canada.

5.3. Who is Eligible for e-SAFE?

To be eligible for e-SAFE, you must be working with a qualified US immigration lawyer who has access to the e-SAFE platform.

5.4. The e-SAFE Application Process

The eSAFE Waiver system can enable electronic submission and make the process fast, the I192 form and required supporting documentation remain the same so it is still an extensive legal procedure.

6. Other Reasons for Inadmissibility to the US

Criminal convictions are not the only reason why a Canadian might be denied entry to the US. Other factors can also lead to inadmissibility.

6.1. Health Reasons

There are several communicable diseases that are of a public health significance, and a person who has one of these diseases may not be allowed to enter the United States. The current list of diseases include Gonorrhea, Leprosy, Syphilis, Venereum, Lymphogranuloma, Inguinale, Granuloma, Chancroid, Class A Tuberculosis, as well as select physical disorders, mental disorders, and other communicable diseases as determined by the United States Secretary of Health and Human Services. An individual who refuses the required vaccinations to enter the country may be refused entry as well. A person that is diagnosed with one of the above illnesses can apply for a Waiver for US entry using form I-601, although there are several additional application requirements that will need to be met depending on the disease.

6.2. Security Reasons

Any person that has any type of security or other related violation will need to have a valid Travel Waiver to enter the United States. This includes people who have been accused of or convicted of being a saboteur, terrorist, or a spy. Persons who are voluntary members of the communist party or any other type of totalitarian party, including Nazis, and any person who would be an endangerment to the U.S. foreign policy will also need special permission to enter the USA (which requires they prove that they are not a threat to the general public of the country).

6.3. Immigration Violations

There are some special circumstances where immigration violators and illegal entrants may apply for a U.S. Waiver. A person who has entered the United States without being paroled or admitted at a valid Port of Entry (POE) or a person who overstays their time in the country will accrue an unlawful presence. The time frame for the ban will depend on how long the person was in the country illegally. A person who is found to be inadmissible because they have been unlawfully present in the country for over 180 days will receive a three year ban and those that enter and stay for more than a year will receive a ten year ban. If the person has left the United States voluntarily, they can apply for a Waiver for entering US on grounds of overstay inadmissibility using form I-601. If the person has knowingly or willfully committed fraud or made misrepresentations to obtain some type of immigration benefit, he or she can also apply for a USA Entry Waiver using form I-601. A person that has been deported or been given expedited removal will also need to file another form, I-212, which is an application to reapply for admission provided they are seeking non-immigrant entry. Any person that has been in the U.S.A. unlawfully for more than a year and has exited the country and then re-entered without being inspected will also need to file the form for a United States Waiver in order to have their unlawful presence waived.

6.4. Claiming US Citizenship Falsely

Any alien who has falsely claimed that they are a citizen of the United States of America after the 30th of September, 1996, will not be eligible for any type of US Waiver. The Immigration and Nationality Act, which is a federal law permanently bans these individuals from entering the United States. Any person who has ever falsely claimed to be a citizen of the United States will be banned from the country for life, and there is no Travel Waiver for US entry that will be issued that would allow them to enter the country again, except possibly in extreme circumstances (but this is exceptionally rare).

6.5. Military Service

Anyone who left the United States in order to avoid conscription or a person who unlawfully left the United States armed forces and has not regularized his or her status in the U.S.A. may have an outstanding warrant for their arrest or may be ineligible to enter the United States. Anyone unsure about this can contact the nearest CBP or DHS office and inquire about their status. Even those individuals who were not in the military, but left the United States on uncertain terms may find that there is a warrant for their arrest in the United States. If this is the case, and you attempt to enter the country you will be arrested upon your arrival. Typically, you will be sent to the state where your warrant is. Check with a local DHS or CBP office to determine whether or not there is a US warrant for your arrest.

6.6. Miscellaneous Reasons

Aside from the reasons listed above, there are several other miscellaneous reasons that a person may be found to be inadmissible to the United States. Some of these reasons include, but are not limited to: being a practicing polygamist, a guardian that is accompanying a helpless alien, international child abductors, relatives who support abductors, and former citizens of the United States who have been found by the Attorney General to have renounced their citizenship as a way to avoid paying taxes owed to the IRS.

Alt: Image depicting a car crossing the US-Canada border, symbolizing the legal complexities and border crossing procedures for Canadians, especially those with a criminal record.

7. US Entry Requirements for Canadians: Essential Documents and Procedures

Understanding the basic entry requirements for Canadians visiting the US is essential, regardless of your criminal history.

7.1. Passport Requirements

If you are a Canadian citizen, a visa is not required when travelling to the U.S. for the purpose of visiting or studying. You will, however, need a valid Canadian passport to travel from Canada to the United States even by land (this requirement started in 2007).

7.2. Visa Requirements

If you are an investor, an intending immigrant planning on staying in the country, or are engaged to an American, a visa is required before entering. If you are a NAFTA professional, a temporary worker, or a journalist who will work in the USA, you must show the CBP officer at the Port of Entry all the necessary supporting documentation and approved petitions in order to be allowed in.

7.3. Length of Stay

Canadians visiting the U.S. are generally granted a stay of up to six months at the time of entry, and any requests to extend this time frame must be made before expiry (at which point the individual has officially overstayed their visit and is in violation of US immigration law which will likely lead to a harsh punishment). US law also requires that all foreigners qualify for their desired stay and purpose when they first enter the country, meaning that any person from Canada that intends to work, study, or live in the United States without fully disclosing this info during their initial entry risks being unlawfully present.

7.4. Entering US from Canada as a Non-Canadian

For individuals who are not Canadian citizens, travelling to the United States from Canada is no different than travelling to the US from their own country. If the person is a citizen of one of the 38 countries eligible for entry into the USA visa-free under the Visa Waiver Program (VWP), then they can cross the border the same as a Canadian provided they have a valid passport and are not inadmissible due to a criminal record, overstaying on a past trip, or miscellaneous other reason. If the person is not visa exempt via the Visa Waiver Program, then the entry requirement of a valid US Visa will still exist even though they are physically travelling from Canada not their home country. Non-Canadians who are inadmissible to US for criminal or health reasons must also complete the US Waiver application form since they will require permission to enter USA with a criminal record just like citizens of Canada.

7.5. Getting into USA as a First Nation Canadian

Native Americans who were born in Canada and are members of Canada’s First Nations can travel freely across the US/Canada border under the terms of the Jay Treaty provided they do not have a criminal history. If an aboriginal person living north of the border has a summary or indictable conviction that renders them criminally inadmissible to America, however, CBP officers could stop them from entering the country. Consequently, First Nations in Canada can still require a US Waiver for criminal entry into the United States.

7.6. Travelling to US After Conditional or Absolute Discharge

In some cases, a person may admit to being guilty of a crime, but instead of convicting them the court will decide to discharge the accused either absolutely or with conditions described in a probation order. While a discharge is not a conviction, it is still considered evidence of guilt and could mean that a person is inadmissible to the United States. For this reason, the same rules apply to a discharge as to a conviction, meaning a conditional discharge or absolute discharge for a given crime will be treated by US border agents in a similar manner to a conviction for that crime. Absolute discharges stay on a person’s record for a year while conditional discharges stay on a person’s record for three years. It is a good idea to obtain a criminal record check after the one or three year time period is completed to make sure that it has been 100% removed.

When it comes to a discharge, there are several things that can occur to cause it to not fully come off your record. The courts may have recorded the discharge as a conviction meaning it will not automatically be purged after it expires, or the discharge could be removed from the RCMP database successfully but an FPS number still associated with your name might not have been properly purged as well which could still lead to a positive hit at the Canada-US border. If you plan on entering USA with a criminal discharge, it is advised that you have a lawyer prepare a Legal Opinion Letter explaining your exact situation to US immigration authorities.

7.7. US Waivers After Arrest but No Conviction?

There is no presumption of innocence for the purposes of US immigration, which means that as soon as you are arrested for a crime in Canada, you risk being denied entry to United States. If you are found not guilty, have the charges dropped, or receive a different type of “no conviction” outcome, an American Waiver is typically not required as you will usually once again be permitted to travel south of the border.

7.8. Where in the Country Does a USA Waiver Allow Me to Travel?

Once you are issued a US Travel Waiver, you are permitted to travel to any location in the United States. Some of the most popular destinations for Canadian tourists are Florida, California, Washington State (Seattle), New York, and Hawaii. The process for a criminally inadmissible individual to travel to the United States is quite simple. A lawyer prepares and submits a US Waiver form to the Government on their behalf, they are issued a Waiver for US entry, and then they are allowed to cross the border without issues.

7.9. Entering USA with a Criminal Record

A Canadian with a criminal record is not necessarily inadmissible to the United States, it all depends on the exact nature of the offence. A Canadian with a DUI, for example, may still be admissible to the US, while an individual with a minor drug offence on their record may require a Travel Waiver in order to cross the border. With a valid USA Waiver, entering the US with a criminal record is possible at both land borders and airports. If you have a criminal history and are concerned about a potential border denial, it may be smart to determine your precise admissibility before attempting to travel to the United States. If you are in fact criminally inadmissible to the country, it is likely better to learn this beforehand than find out the hard way when attempting to cross the border. A US Entry Waiver is the only way to overcome American criminal inadmissibility so that you can go to the US with a criminal record that would otherwise render you ineligible.

7.10. What is a 212(h) Waiver?

If a Canadian committed a crime more than 15 years ago that denies them admittance to the United States, a 212h Waiver may allow them legal entry into the country. Section 212(h) of the Immigration and Nationality Act, or INA 212(h)(1)(A) to be specific, provides that on certain grounds such as when the person has been rehabilitated and when admission would not be contrary to the USA’s welfare, safety, or security, offences older than 15 years may be waived. If you have been denied entry to USA because of a really old criminal conviction, it is advised that you consult with a US immigration attorney to find out which US entry waivers can help you with crossing the US border.

8. Navigating the US Border: Tips and Considerations

Crossing the US border can be stressful, especially with a criminal record. Here are some tips to make the process smoother:

8.1. Be Honest and Respectful

Always be truthful with border officials. Evasive or dishonest answers can raise suspicion and lead to further scrutiny. Being polite and respectful can also go a long way.

8.2. Have Your Documents Ready

Ensure you have all necessary documents readily available, including your passport, US Entry Waiver (if applicable), and any supporting documentation.

8.3. Know Your Rights

While border officials have the right to ask questions, you also have rights. You are not required to answer questions beyond basic entry requirements. If you feel your rights are being violated, remain calm and polite, but clearly state that you wish to speak to an attorney.

8.4. Digital Device Searches

United States Customs and Border Protection officers have the legal authority to search digital devices, such as laptops or phones, at the border. Since entry to the USA is granted solely at the discretion of border agents, Canadians who refuse to unlock their phone or provide their social media or email passwords when asked by authorities risk being denied entry as well as having the device seized. If the contents of the cell phone, tablet or laptop, or the visitor’s social media accounts, in any way reveal an immigration violation or security threat, the visitor could be banned from the US for a considerable duration. For example, a Canadian who has recently posted a Facebook status update mentioning their new job in California could be turned away by CBP agents if they do not have a valid US work permit.

8.5. U.S. Entry Exit Initiative

A new information-sharing agreement between the United States and Canada, called the Entry Exit Initiative, will allow the American border to track exactly how many days Canadians have spent in the nation. Before this agreement was finalized in 2015, the U.S. border could only track a Canadian’s re-entry date, not the date they exited the United States. This will make it much easier for U.S. immigration officials to detect overstay violations, especially amongst “snowbirds” who spend their winters south of the border.

8.6. How Long Can I Spend in USA Each Year?

A common misconception amongst Canadians is that they can spend up to six months, or 182 days, in the United States each year without any paperwork. This is false, it is actually only four months, or 120 days. Canadians must fill out a special form in order to extend their stay in the US to six months. It is also based on a rolling 12 month time period, not a calendar year. Canadians who spend more than 180 days in the United States over a three year period must also file IRS Form 8840 to prove a closer connection to Canada in order to avoid paying taxes south of the border.

8.7. USA Waiver for Overstay Violations

Any Canadian citizen or resident that stays in the United States for too long can be deemed illegally in the U.S. and barred from the country for three to ten years. They can also lose their Canadian residency and consequently their free health care, and may even be considered a resident of the U.S. and consequently be responsible to the IRS for taxes. If you have overstayed a visit south of the border and need to re-enter the country again, you will need a U.S. Travel Waiver in order to be permitted entry.

8.8. Getting a US Entry Waiver in 2025

Under President Trump, the US Department of Homeland Security has tightened their border and started more thoroughly vetting visitors. Consequently, for Canadians that are criminally inadmissible to the United States, it is more important than ever to obtain a US Entry Waiver if you plan to travel to south of the border in 2025 or 2026.

9. Seeking Professional Help: The Role of a US Immigration Lawyer

Navigating the complexities of US immigration law can be overwhelming. Consulting with a qualified US immigration lawyer can significantly increase your chances of a successful outcome.

9.1. Benefits of Hiring a US Immigration Lawyer

There are several reasons why many Canadians choose to retain the services of a US immigration attorney to help them apply for a US Entry Waiver. The first and most obvious is that USA immigration lawyers help ensure the completeness and correctness of the US Entry Waiver application form. A US Temporary Waiver of Inadmissibility is a complex legal application and it is very easy to make a mistake, but an experienced lawyer will ensure that the application is complete, accurate, and does not contain any errors.

Another major advantage of hiring a US Entry Waiver lawyer to assist you is that they will know exactly which additional documentation you can provide to bolster your application. A United States immigration lawyer can not only improve your chances of being approved by crafting an impressive narrative on why you need to travel to the US, he or she can also strengthen your application by suggesting specific types of supporting documentation that would best demonstrate that you have been fully rehabilitated.

9.2. How Does a US Immigration Lawyer Help?

US immigration attorneys can also help you prepare for your interview and can coach their clients on how to best explain their situation to border officials. Applying for US Waivers can involve a staggering amount of paperwork, but retaining the services of a reputable US immigration attorney in Canada can often reduce the amount of stress involved with dealing with such a complicated procedure. One of the most difficult tasks people who attempt to apply on their own face is actually paying the US Government the $1100 waiver application filing fee. The US Department of Homeland Security only accepts cheques and money orders drawn from American financial institutions, which is a major problem for the vast majority of Canadians who do not have an account with a US bank. When you hire a waiver lawyer, however, you simply pay this government fee directly to them (in trust) using credit card or whatever payment method you desire and they handle ensuring the Government gets paid properly. Please note: the fee for US Entry Waivers increased from $585 to $1100 in 2024.

9.3. US Waiver Application Services

If you are considering doing business with a website that offers US Waiver services, it is suggested that you verify whether or not the legal work will be done by a licensed lawyer. If the company makes claims such as “we are the best in the industry,” “we guarantee success,” or “for an extra fee we will get the Government to process your US Travel Waiver application faster” it is highly unlikely that the website is being run by a reputable law firm since these types of statements are frequently against bar society rules. A United States immigration lawyer in Canada is qualified to give legal advice to Canadians who have been denied entry to USA and can help clients gain smooth entry to the United States of America. US Waiver entry is easy once the document has been issued, but gathering all the required paperwork needed to apply for one can be a difficult task especially after a person has received a Canadian criminal record pardon. Once a record suspension has been granted, it can be burdensome to assemble all the compulsory documentation for the application, so assistance from an experienced US immigration lawyer can greatly help.

10. FAQs: US Entry with a Canadian Pardon and Criminal Record

Here are some frequently asked questions about US entry for Canadians with a criminal record and pardon:

1. Does a Canadian pardon guarantee entry to the US?
No, the United States does not recognize Canadian pardons.

2. What is a US Entry Waiver?
It is a document that grants permission for a Canadian citizen with a criminal record to enter the US temporarily.

3. How do I apply for a US Entry Waiver?
You must complete Form I-192 and submit it to US Customs and Border Protection.

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