Criminal Inadmissibility

Under U.S. immigration law, certain criminal convictions will render one inadmissible to the U.S. – that is, barred from entering the United States. Thus, many Canadians with criminal records, if not most, are barred from entering the U.S.

Those with criminal records often go a long time without getting flagged by an immigration officer while attempting to enter the United States. However, U.S. immigration officers perform random criminal record checks. Thus, when a criminal record check shows that a traveler has a criminal record, the U.S. Customs officer will put a note on the traveler’s record indicating that he or she is inadmissible to the United States. Once the individual is flagged, he or she will not be permitted entry into the U.S. until a waiver is obtained. Furthermore, even if the Canadian has received a pardon for the crime, he or she will still be ineligible to enter the United States until a waiver is obtained.

Not all crimes will render one inadmissible to the United States, however. For example, DUIs, traffic tickets, and several other offenses are not grounds for inadmissibility. Also, even if one was convicted of a crime rendering them inadmissible to the U.S., that person could fall within an exception that would allow them to enter the U.S. without receiving a waiver despite their conviction.

If you do not fall within an exception to inadmissibility, and you are in fact inadmissible to the United States, you will need to apply for a U.S. waiver.

Contact our office today so that we can determine whether or not you are inadmissible to the U.S. or fall within an exception to inadmissibility. Regardless of your situation, our office can assist you in obtaining the documentation you need to legally enter the United States.