How does the U.S. find out about my Canadian criminal record?
In order to protect the borders between Canada and the U.S, there are policies surrounding information sharing between the two countries. U.S. Custom and Border Protection (CBP) agents can check the database that is shared between Canada and the U.S. if they feel suspicious of people.
Do I need a U.S Entry Waiver if I have a pardon?
A pardon does not cancel out your criminal offence conviction. Therefore you do need a U.S. Entry Waiver. However, if your record does not exist in U.S. systems, then U.S Customs and Border Protection agents will not be able to see that you have a criminal record when accessing CPIC subsequent to your pardon. To learn more about obtaining a U.S. Entry Waiver, contact Pardon Canada toll free: 1-866-922-8159.
Can a U.S. waiver application be denied?
Yes. The waiver can be denied if you are perceived a high risk to reoffend. High risk offenders are people convicted of multiple indictable sex related and/or drug trafficking offences; have more than 7 summary convictions or more than 3 indictable offences within the last 10 years; have at least one indictable conviction within the last 5 years; or have overstayed in the U.S. illegally within the last 5 years.
Are their consequences of trying to enter the U.S. when inadmissible?
Yes, a record is created in the U.S systems when you are turned away at the U.S border. This will show up each time you try to enter the U.S, whether or not you have a criminal record. This is why you need a U.S. Waiver of Inadmissibility to enter the U.S.
What happens when I try re-entering without a U.S Entry Waiver after being denied years prior?
If you are caught trying to re-enter the country when you are inadmissible, you can be arrested and/or your personal property can be confiscated, including your car. The people you are traveling with can be charged with harbouring an illegal alien if the U.S. Border Protection agents believe your travel companions knew of your inadmissibility.
How long is a U.S. Entry Waiver valid?
You can be granted a waiver to enter the U.S. for any period up to 5 years from The U.S. Customs and Border Protection agency. Most first time applicants receive a waiver with a 1-year validity term, however there are cases where the waiver is limited to a single entrance. If you have applied multiple times, you can get approved for a waiver with a validity period of 2 – 3 years. Although a 5 year period is possible, there are very few instances where 5 years has been granted.
Who needs a temporary resident permit?
As per Canada’s health and security regulations, foreign nationals with any criminal conviction, including misdemeanor DUI/DWI are inadmissible to enter Canada without special permission given by Canadian Customs and Border Protection via a Temporary Permit. So, anyone with any alcohol related driving infraction, such as DUI, DWI, OWL, OVI, DWAI, or even reckless driving, requires a T.R.P. to cross the border under Federal Law. Call toll free: 1-866-922-8159 to see if you qualify for Canadian entry.
Can I visit, work and/or go to school in Canada if I am from outside the country and have a criminal record?
Whether you committed a crime inside or outside of Canada, if you have a criminal record, you are inadmissible for entry into Canada. An immigration officer will review all the information within the criminal record and decide whether or not you can be granted a visa. Apply for a pardon could help your chances of receiving a visa, if your crime was committed inside of Canada. for a pardon may help convince the immigration officer to grant you a visa.
What happens if I am asked to leave Canada?
Those who have been asked to leave Canada because of their criminal record will have the opportunity to present their proof to a court on why they should be allowed to stay in Canada. You want to show the courts that you are committed to a productive and crime-free life in Canada, and that you have been on good behaviour since your charge. If a removal order is made, you will have to leave the country and reapply to come back. You are still able to apply for a pardon for your Canadian criminal convictions if you are living outside of Canada.
If someone has been removed from Canada because of a criminal record, can they come back?
It is possible to come back to Canada after being removed because of a criminal record, however, it will depend on the time of removal: Departure Order, Exclusion Order or a Deportation Order.
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