Canadians can’t be denied entry to USA, can they?

Canadians can be – and are – denied entry to the United States every day for many different reasons. In most cases, Canadians are denied entry because they have a criminal past.

If you are a Canadian and have a criminal record, you could be denied entry to the United States if you try to cross the border, or if you land at an airport in the United States. When you are denied entry, you must turn around and return to Canada with no exceptions.

If you have tried to enter the United States and been denied on a previous occasion, you will be flagged the next time you try and enter.

But you are not completely out of luck as a Canadian with a criminal record.

For example, your best option is to apply for a United States waiver of inadmissibility, commonly referred to as a US waiver. This will allow you to enter the United States so long as you display it each and every time you enter, for a period of up to five years.

In order to apply for a waiver, you will need:

Court records surrounding the criminal offense and conviction.
An RCMP certificate for the case.
Character references (up to three are recommended).
You must write a personal statement about your offense.
Documents that indicate you will not overstay, such as those relating to your job, finances or close family in Canada.
Two application forms, one biographical information form and the other an application for advance permission to enter the United States.

Once your application is received, it can take months to process. Whether you pose a risk to society, whether you will leave at the end of your stay, why you want to enter the United States and the severity of your criminal offense will all be things that are considered before you are approved or denied.

Please contact our immigration firm to speak to a licensed immigration attorney before attempting to enter the United States if you feel that you have any reason to be denied entry. We can help you apply for a waiver as well as assess your case.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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