If you have criminal record, regardless of how minor it is or many years it has been since you were charged, you may be denied entry to the U.S. Attempting to enter the U.S. without first declaring that you’ve been arrested, may result in permanent ineligibility or worse – detention.
Once you have been denied entry to the United States, you may only return once you have your U.S. entry waiver.
If you must travel to the U.S. before your Canadian criminal record is pardoned, you will need to apply for a U.S. Entry Waiver to legally enter.
A Uniter States Entry Waiver (Advanced Permission for Admissibility) is a document that allows people who have been convicted of a criminal offence to legally enter the U.S. If you have been able to cross the border despite having a criminal record, you have been fortunate, but it may not always be this way. It is becoming more common for U.S. immigration officers to ask for identification for the purpose of conducting an RCMP computer criminal record search.
Any Canadian citizen who has a criminal record can apply for a US entry waiver. You are qualified to apply as long as you do not currently have any pending charges in court and you are not still serving your sentence.
It takes an average of 8-12 months for U.S. entry waiver applications to be processed and granted.
