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Canadian Criminal Convictions and United States Inadmissibility
Canada and the United States share a long and friendly border as well as a close social and economic partnership. Several Canadians take a trip to the United States for numerous reasons such as family, tourism, work, business, or education and learning. Nonetheless, not all Canadians are welcome in the United States particularly if they have a criminal record. Having a criminal conviction in Canada can cause inadmissibility to the United States, which implies being denied entry at the border or being refused a permit or a waiver. This chapter will certainly clarify the reasons and consequences of United States inadmissibility, the classifications and types of criminal convictions that can cause inadmissibility as well as the possible way of overcoming inadmissibility and getting into the United States lawfully.
Reasons and Consequences of United States Inadmissibility
The United States has rigorous immigration policies and laws that aim to protect its national security and public safety. Among the premises for inadmissibility to the United States is having a criminal conviction that violates the moral turpitude of American society. Moral turpitude is a legal term that describes conduct that is intrinsically fraudulent, dishonest, immoral, or malicious. The United States immigration authorities have the discretion to establish what makes up moral turpitude and they typically rely on the nature as well as the intensity of the offense, as opposed to the actual sentence imposed by the Canadian court.
Being inadmissible to the United States can have severe consequences for Canadians who want to take a trip or immigrate to the United States. Depending on the type and number of convictions, the United States immigration authorities can:
- Deny entry at the port of entry, such as a land border crossing or an airport terminal, and send the individual back to Canada
- Refuse to approve a waiver of inadmissibility, which is a special permission to get in the United States despite having a criminal record
- Refuse to issue a permit, such as a student permit, a work permit, a tourist permit, or an immigrant permit, or withdraw an existing permit
- Initiate removal proceedings, which can result in deportation as well as a permanent ban from the United States
Being inadmissible to the United States can likewise impact your reputation, family, education, as well as personal life. As an example, being denied entry to the United States can prevent you from attending a conference, a seminar, a wedding celebration, a funeral service, or a vacation.
Being denied a permit or a waiver can restrict your opportunity to work, study, or reside in the United States.
Being deported or banned from the United States can cut your connections with your partner, pals, or relatives who stay in the United States.
Types and Categories of Criminal Convictions that Can Cause Inadmissibility
Not all criminal convictions in Canada can result in inadmissibility to the United States. The United States immigration authorities only consider convictions that are equivalent to offenses under the U.S. federal law, and that involve moral turpitude or other grounds of inadmissibility such as human trafficking, drug trafficking, espionage, or terrorism. The United States immigration authorities also take into consideration the maximum penalty that the offense carries in Canada as opposed to the actual sentence imposed by the Canadian court.
The kind of criminal convictions that can trigger inadmissibility to the United States can be separated right into 2 classifications: serious criminality and criminality.
Serious Criminality (Felony/Indictable Offences)
Serious criminality describes convictions that carry a maximum penalty of 10 years or even more in Canada, or that result in a sentence of more than 6 months of jail time. Serious criminality can trigger inadmissibility to the United States irrespective of when the crime was committed and whether the individual is a foreign national or a permanent resident in Canada. Some of the offenses that fall under serious criminality are:
- Robbery
- Murder
- Manslaughter
- Drug Trafficking
- Aggravated assault
- Fraud over $5,000
- Sex-related assault
- Possession of a weapon for a dangerous purpose
Criminality (Misdemeanor/Summary Offences)
Criminality describes sentences that carry a maximum penalty of less than ten years in Canada, or that resulted in a sentence of less than 6 months of jail time. Criminality can result in inadmissibility to the United States only if the violation was committed within the last ten years, as well as if the individual is a foreign national in Canada. Permanent residents in Canada are not inadmissible to the United States for criminality unless they have more than one sentence. Some of the offenses that fall under criminality are:
- Burglary
- Assault
- Theft
- Mischief
- Fraud under $5,000
- Possession of illegal drugs or controlled substances for personal usage
- Driving under the influence of alcohol or medicines
Ways to Overcome Inadmissibility and Enter the U.S. Legally
Having a criminal conviction in Canada does not always imply that you are completely barred from going into the U.S. There are some ways to overcome inadmissibility and get into the U.S. legally depending on the type and number of convictions, the time that has passed since the completion of the sentence, as well as the purpose and duration of the visit. The major ways to overcome inadmissibility are:
- Deemed rehabilitation
- Individual rehabilitation
- Record suspension (previously called pardon)
- Waiver of inadmissibility
Deemed Rehabilitation
Deemed rehabilitation suggests that adequate time has actually passed since the completion of the sentence and you are no longer considered a threat to U.S. society. Deemed rehabilitation can apply to convictions that fall under criminality but not to convictions that fall under serious criminality. You are not required to apply for deemed rehabilitation, but you need to prove it to the United States immigration authorities by providing documents such as police certificates, court records, as well as reference letters. You might be deemed rehabilitated if:
- You have just one conviction that happened more than ten years ago and the offense carries a maximum penalty of less than ten years in Canada.
- You have 2 or more convictions that happened over 5 years ago, and the offenses carry a maximum penalty of less than 10 years in Canada, and none of the offenses involve guns, violence, or drugs.
Individual Rehabilitation
Individual rehabilitation suggests that you have actually shown that you have been rehabilitated and are not likely to commit new criminal offenses. Individual rehabilitation can apply to convictions that fall under serious criminality or criminality. You are required to apply for individual rehabilitation at the Canadian permit office in charge of your area, and pay a processing fee. You might be qualified for individual rehabilitation if:
- You have just one conviction that happened over 5 years ago, and the offense carries a maximum penalty of 10 years or more in Canada
- You have 2 or more convictions that happened over 5 years ago, and the offenses carry a maximum penalty of ten years or more in Canada, or involve guns, violence, or drugs.
Record Suspension (Formerly Pardon)
A record suspension (previously pardon) is a decision by the Parole Board of Canada to secure an individual's criminal record from public access. A record suspension can apply to convictions that happened in Canada but not to convictions that took place outside Canada. You are required to apply for a record suspension at the Parole Board of Canada as well as pay a processing fee. You might be qualified for a record suspension if:
- You have actually finished your sentence, including any probation, parole, or fine.
- You have waited for the needed time period, which is 5 years for summary offenses and 10 years for indictable offenses.
- You have actually been of great conduct and have not been pronounced guilty of any new offenses.
A record suspension can help you overcome admissibility to the United States but it is not an assurance. The United States immigration authorities might still have access to your criminal record via various other sources, such as the Canadian Police Information Centre (CPIC) or the FBI. You should always disclose your criminal record to the United States immigration authorities even if you have a record suspension, and provide a copy of your record suspension certificate.
Waiver of Inadmissibility
A U.S. waiver of inadmissibility is a special permission that allows you to go into the United States despite having a criminal record. A waiver of inadmissibility can be applied to any type or number of convictions irrespective of when they happened or where they happened. You are required to apply for a waiver of inadmissibility at the United States Customs and Border Protection (CBP) as well as pay a processing fee. You might qualify for a waiver of inadmissibility if:
- You can prove that you have a legitimate reason to go to the United States such as business, tourism, family, education and learning, or work.
- You can prove that you are not a threat to the United States’ public safety or national security.
- You can prove that you have actually been rehabilitated and are not likely to commit new criminal offenses.
- You can prove that your entry to the United States would not contradict the United States’ values or interests.
A waiver of inadmissibility is normally valid for 1 to 5 years depending on the discretion of the CBP. You need to renew your waiver of inadmissibility prior to its expiration or apply for a new one if your situation changes. You should always carry your waiver of inadmissibility with you when you travel to the United States, and show it to the United States immigration authorities upon arrival.
Resolving U.S. Entry Issues
For Canadian residents with a criminal record or past border refusal, obtaining a U.S. Entry Waiver is the only recognized method to regain admissibility into the United States. This process requires thorough preparation, accurate documentation, and adherence to the requirements set by U.S. Customs and Border Protection.
With extensive experience assisting Canadians, we have successfully guided over 15,000 U.S. Entry Waiver applications to completion. Our team ensures that every step is handled professionally, minimizing delays and ensuring compliance with all regulations.
Our Services Include:
- U.S. Entry Waivers for Criminal Records – For individuals with past criminal convictions preventing entry.
- U.S. Entry Waivers for Overstay Issues – Resolving situations involving unauthorized stays in the U.S.
- Border Inquiries Assistance – Guidance for addressing specific concerns raised at the border.
- Emergency Parole Applications – Support for urgent cases requiring immediate resolution.
Start Your Application
If a U.S. Entry Waiver is required for your situation, begin the process today. Professional assistance ensures efficiency and compliance, helping you secure the documentation needed to cross the border confidently and without complications.
Eligibility
Check to see if you are eligible for a U.S. Entry Waiver.
Application Form I-192 for Advance Permission to Enter as a Nonimmigrant e-SAFE process for citizens of Canada:
Canada
Palau
Federated States of Micronesia
Marshall Islands
The 41 Entry Clearance Program Member Countries:
Andorra
Australia
Austria
Belgium
Brunei
Chile
Croatia
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Israel
Italy
Japan
South Korea
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Monaco
Netherlands
New Zealand
Norway
Poland
Portugal
San Marino
Singapore
Slovakia
Slovenia
Spain
Sweden
Switzerland
Taiwan
United Kingdom
Preparation Checklist for Visiting the United States
- Ensure your passport is valid and not expired.
- Bring adaptors for 110V power outlets if required
- Prepare itinerary and confirm accommodation details.
- Secure travel insurance.
- Explore transportation options for getting around.
- Carry sufficient local currency (USD) and payment methods.
- Download travel maps and relevant apps.
- Arrange for internet access during your stay.
- Stay updated by following the latest news.
- Have emergency contact information readily available.
- Consider a language translation app if needed.
- Obtain your approved U.S. Entry waiver from DHS, or necessary travel authorization.
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