US Entry Waivers

A record suspension (pardon) issued in Canada allows people who were convicted of a criminal offence to have their criminal record removed and kept separate and apart from other criminal records. To remove a criminal record, an application must be made under the Criminal Records Act (CRA) to the Parole Board of Canada (PBC). Commissionaires can assist with the application process.

A US Entry Waiver is issued by the United States Department of Homeland Security so that you can legally cross the border and travel through the United States. Travellers with a US Entry Waiver can enter via air or land any number of times throughout the term of the waiver.

If you have never been refused entry to the U.S. prior to getting a record suspension, the border guards and the Department of Homeland Security may not know about your previous criminal record, unless you previously disclosed this information during previous border crossings.

If you have been previously stopped at the border and refused entry because of your criminal record, your record will forever stay in the U.S. Department of Homeland Security’s criminal database.

Note that Canadian pardons are not recognized by the U.S. government if they are aware of your conviction, but US entry waivers are recognized throughout the term of the waiver.

You do not need to apply for, or receive a record suspension, before applying for a US entry waiver. If you need to travel to the US and have a Canadian criminal record you can choose to apply only for a US entry waiver to ensure access to the U.S.

However, if you have a Canadian criminal record and have not been pardoned, and the requisite amount of time has elapsed, you may want to consider applying for a record suspension at the same time. Commissionaires offers a fast and affordable record suspension service.

A record suspension is not recognized by U.S. border guards. If at any time you have been denied access to the US, you will still be denied access to the U.S. even if you have a record suspension. You must apply for a US entry waiver.

If you are deemed to be high-risk to re-offend, your application for a US entry waiver may be turned down. Generally, applicants with numerous drug trafficking and/or sex-related offences are considered to be high-risk re-offenders. Other reasons why your US waiver might be denied includes: 1) the risk of harm to the society if the applicant is admitted, 2) the seriousness of the applicant’s prior violation(s) of immigration or criminal law, if any, and 3) the nature of the applicant’s reasons for seeking entry.

U.S. border guards have absolute discretion to refuse entry whether you have a US Entry Waiver or not, and even if you have never had a criminal conviction.

There are numerous risks involved in trying to enter the U.S. illegally. You are not only exposing yourself to a refusal of entry but also confiscation of your property, which could include the seizure of your vehicle. You will also most likely be detained or incarcerated for entering the U.S. in an illegal manner. 

There are numerous risks involved in entering the U.S. illegally such as:

• Arrest
• Confiscation of your vehicle
• Conviction
• Deportation
• Detention
• Embarrassment
• Inability to travel internationally via the U.S.
• Incarceration
• Fines
• Loss of travel expenses
• Removal
• Refused entry/Voluntary departure
• Lost business opportunity
• Missed vacation opportunity

People travelling to the U.S. with you face the same risk as you because of your inadmissibility. If you are travelling with a friend or relative who is aware of your inadmissibility and you do not have a US entry waiver, your friend or relative could be subject to all of the above risks AND they can be charged and convicted with harbouring an illegal alien, an offence that would make them inadmissible to the U.S.

It is noteworthy to mention that you might think you are still in Canada while trying to cross the border but you will most likely be under U.S. jurisdiction if you lie to U.S. border guards. Being honest with U.S. border guards will likely only result in your entry being denied with no further consequences.

The application process for a US entry waiver can take from six to 18 months depending on its complexity.

Your knowledgeable Commissionaires service agent will explain in detail what you will need to provide. Some of the items we will require to prepare your application include:

• Letter from your employer stating current occupation and length of service, including the need for you to travel to the U.S. (if applicable);
• If self-employed, a copy of your last tax return;
• Three (3) letters of reference from members of the community (not relatives);
• Copy of passport and driver’s licence showing address and nationality;
• $585 USD, payable to U.S. Citizenship and Immigrations Services (USCIS), when your application is presented.

The cost of the US waiver service can vary based on where you are located. The cost of digital fingerprints as well as disbursements such as court document costs and postage are extra and will vary based on where you are located and how many offences are on record. There is also a fee of $1,100.00 USD, payable to U.S. Citizenship and Immigration Services (USCIS).

International events, such as 9/11, have led the US Department of Homeland Security to take numerous measures to increase border security services. The most important thing to know when you are travelling to the US is that if you have a Canadian criminal record, or if you are suspected of having a criminal record, the Department of Homeland Security (DHS) can legally prevent you from entering the country. The US Department of Homeland Security and the Federal Bureau of Investigation (FBI) have access to the RCMP’s databases.

Once the border agent enters your name into their database, any criminal file will show up with an FPS# number attached to your name. This FPS# prevents you from entering the US.