A US Waiver: A Canadian’s Ticket to the Land of the Free

Written by Vivian R. Smith, February 17, 2016

Having a criminal record in Canada can be a serious roadblock in many areas of life, especially when it comes to travelling to the United States. If you have a criminal record in Canada, you will be denied entry into the United States.  Even if you are only stopping on the way elsewhere, a criminal record will put a damper on your travel plans. A US waiver application is the only solution.

The United States authorities will know that you have a criminal record as soon as they run your passport through their system. They have access to the Canadian database that chronicles all criminal activity in the country. All they have to do is type your name into their computer and your record will appear. Not only will you be denied entry, you could face possible serious consequences for trying to enter the United States illegally.  That could result in your vehicle being seized and you could potentially be imprisoned as well. The border guard has discretion in this regard.

In the years following the 9/11 attacks, the rules regarding entry to the United States got much stricter for those with a criminal record in Canada. It’s not enough to have a pardon. In order to travel to the United States in this case, you will need what is referred to as a US travel waiver.

A US waiver is a document designed to allow those with a criminal record in Canada to still travel to the United States. The document is issued by the United States Immigration Office, not the Canadian government. Whether you will be granted a waiver depends upon several different factors, including:

The level of potential risk you pose to security.

The nature and severity of your offense.

Your age at the time the charges were laid.

Your reasons for wanting to visit the United States.

Acquiring a waiver to enter the United States is time consuming.  It can take several months to even prepare the request for the waiver, and several more to await the verdict. For those reasons, it’s best to submit a waiver application as much in advance of your desired travel date as possible. For best results, it’s best to work with an agency who specializes in helping clients prepare waiver applications.

Once you receive your US waiver, you will be allowed to travel to the United States for a specified period of time without fear of being deported, arrested or otherwise impeded because of your criminal record. It’s never advised that you attempt to circumvent this rule and enter the United States undetected. Remember: It’s not enough to claim that you did not know you had to have a waiver. It is your responsibility to know what travel documents you need.