Whether or not you can enter the United States with a Canadian criminal record depends on the severity of the crime, the length of time since you were convicted, and other factors. Under US immigration law, certain individuals are inadmissible, or not allowed to enter the country, for a variety of reasons, including having a criminal record.
Crimes that can make you inadmissible to the US
Some of the crimes that can make you inadmissible to the US include:
- Crimes involving moral turpitude (CIMT), which are crimes that are considered to be morally wrong or dishonest, such as theft, fraud, and drug trafficking.
- Drug-related offenses.
- Crimes for which you were sentenced to more than five years in prison.
- Crimes that relate to national security or terrorism.
If you have been convicted of a CIMT, you are inadmissible to the US for life, unless you obtain a waiver. For other types of crimes, you may be inadmissible for a period of three to ten years, depending on the severity of the crime.
How to find out if you are inadmissible to the US
If you are unsure whether or not you are inadmissible to the US, you can check your status online using the traveler’s compliance check available on the Official Website of the Department of homeland Security I-94 website, where you can check your admission status.
What to do if you are inadmissible to the US
If you are inadmissible to the US, you may be able to apply for a waiver. Waivers are granted on a case-by-case basis, and you will need to demonstrate that you are not a threat to the US and that you have a compelling reason to enter the country.
To apply for a waiver, you will need to submit a Form I-601, Application for Waiver of Grounds of Inadmissibility, to the US Citizenship and Immigration Services (USCIS). The USCIS will consider a number of factors when deciding whether or not to grant your waiver, including the nature of the crime you were convicted of, how long ago you were convicted, and your ties to the US.
Tips for traveling to the US with a criminal record
If you have a criminal record and you are planning to travel to the US, there are a few things you can do to make the process easier:
- Be honest with the CBP officer at the border. Do not try to lie about your criminal record.
- Have all of your documentation ready, including your passport, criminal record check, and waiver (if applicable).
- Be prepared to answer questions about your criminal record. Be honest and upfront in your answers.
- If you are denied entry to the US, you will be given a written explanation of the reason for the denial. You can then apply for a waiver or try to enter the country again at a later date.
Conclusion
Having a criminal record in Canada does not necessarily mean that you will be denied entry to the US. However, it is important to be aware of the potential risks and to take steps to prepare for your travel. If you have any questions or concerns, you should consult with an immigration lawyer.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.