People frequently travel to the United States for a variety of reasons, such as business, family matters, vacations, education, volunteering, and job prospects. Such travel is a privilege, and the relative freedom to do so is not to be taken lightly.
Sometimes the need to travel to the US can arise unexpectedly, so being prepared is a good idea. Anyone with a criminal record will more than likely be prevented from crossing the border due to concerns for public safety. The US government wants to be assured that anyone allowed to enter their country presents only a minimal risk. The United States exercises particular discretion regarding whom they allow to enter and routinely turn away people whose names they can match to one in their criminal record database, even if the offence was minor and committed a long time ago.
Deciding which applicant will obtain a US entry waiver (waiver of inadmissibility) is an arbitrary matter, and when considering an application, officials will take into account several factors, including:
• Risk an applicant presents to homeland security: Such factors as involvement with a terrorist organization or minimal effort to lead a law-abiding, settled lifestyle will naturally negatively affect the decision.
• Nature and gravity of offence: US authorities will understandably be more likely to issue a waiver to a person who has committed a less serious crime. This consideration, though, does not rule out the approval of more serious offenders.
• Reason for entering the US: Any of the above noted reasons are relevant; however, giving specific details on the application about the degree to which the reason is of significance to the applicant can influence the final decision.
• When offence was committed: Passage of time does allow for rehabilitation and reintegration and will probably positively affect the decision.
• Offender’s personal situation: Pressing matters such as a family member’s health or professional obligations can also positively affect the decision.
Here are some common concerns expressed by people wanting to travel to the United States, with helpful information:
• What makes a person inadmissible to the US? People are deemed inadmissible because of health related diseases, criminal grounds, and security grounds. Additionally, if you have been classed as an illegal immigrant or have violated immigration terms, you will be inadmissible. If you have a criminal record, you are not allowed even to fly over the United States – that is considered “entering” the US. A majority of flights out of Canada must fly over the US to access other countries. Even if you have received a pardon in Canada, the US can still see your record as the US Department of Homeland Security has full access to all the Canadian Police Information Centre records.
• Although I am considered “inadmissible,” why have I been able to travel to the states a few times? US border officials are not always able to run record checks each time you cross. However, if you are inadmissible, crossing without a waiver is a serious offence, which can result in the confiscation of your property or vehicle, arrest, detention, or deportation. Moreover, those travelling with you may be barred from ever entering the United States or charged with harboring a criminal, as well as being classed as inadmissible.
• I am HIV positive. Am I inadmissible to the United States? Since January 2010, people infected with the HIV virus are no longer inadmissible and can enter into the United States without problem and are no longer required to file Form I-601.
• How do I apply for a waiver? You must obtain an application form from the US Citizenship and Immigration Services website. You must also submit a U.S. Fingerprint chart FD-258 and a copy of your Canadian police record or a certificate of no record if applicable. If you have convictions from other countries, you must also submit the records to cover these. A copy of the official court record from the actual court of conviction indicating plea indictment, conviction, and disposition for each and every crime committed anywhere in the world. You must also enclose a personal declaration giving details about each arrest and evidence of reform and rehabilitation.
• Do I need to use a lawyer to get a waiver? You can apply on your own, but if you do use a lawyer or representative you must fill out Form G-28. Lawyers and representatives are not allowed to accompany their clients to waiver hearings.
• When can I apply for a US waiver? You can apply for a waiver at any time, although if you have an immigration violation against you, you may have to wait between 3 and 20 years before you are eligible to apply.
• How long will it take for me to obtain a US waiver? It takes around six months to a year to get a waiver. Most first time waivers are issued for one year, after which you will need to reapply.
• What must I prove when applying for a waiver? You must provide complete assurance that you are not a risk to US society. You can do this by proving that you have been on a rehabilitation course; that 15 years have passed since the action that made you inadmissible; that your absence would cause economic hardship to immediate dependents. The severity of your criminal or immigration crimes are taken into account when reviewing your waiver application along with your reasons for wanting to enter the United States.
• How and where should I submit my waiver application? You must submit your application in person at a US Customs and Border Protection Preclearance Center, many of which are located at ports of entry into the United States.
A large number of US Entry Waiver applications filed directly by individuals without assistance are rejected. Many people find the process time-consuming, difficult, and lengthy. Pardon Service Canada’s proven methods ensure that you receive the most professional, up-to-date assistance available.
Contact a Client Specialist at Pardon Services Canada who can provide you with the assistance you need.
Showing posts with label U.S. Entry Waiver. Show all posts
Showing posts with label U.S. Entry Waiver. Show all posts
Safeguard Your US Travel Plans
Canada’s close ties with the US – economic, political, and cultural – ensure that Canadians traveling to the US need to present only a valid passport when crossing the border. Nevertheless, any Canadian citizen with a criminal conviction who merely attempts to do so breaks American law. A criminal conviction must be disclosed to border authorities.
The Canadian Police Information Centre shares information on criminal records in Canada with the US Department of Homeland Security. A criminal conviction will more than likely show up during a background check at a border crossing point. Unless a traveler has a valid US waiver, as a minimum he can expect to be turned back and banned from entering the US. Not only will he risk refusal for entry, he could also face confiscation of property, including possible seizure of his vehicle. This includes any vehicle with a passenger with a criminal record, not just the driver. He can even be arrested and charged.
Even if, in the past, a person with a criminal record has crossed the border without complication as their conviction has not turned up, in this electronic age information is constantly being compiled and circulated. Nowadays, a background check can reveal decades-old convictions. As well, having received a pardon might not make a difference. Canadian pardons are not recognized by the DHS; and although the CPIC will not disclose a criminal record for which a pardon has been granted, the information might have entered the American database before the pardon was granted. Finally, attempting to cross the border in remote areas where there are no guards is ill-advised. Electronic sensors exist at many points to detect suspicious movement and alert authorities.
Consequently, Canadians planning to travel to the US should note the following:
• A Canadian with a criminal conviction needs a US entry waiver of ineligibility from the DHS.
• Apply for the waiver well ahead of time – the process can take up to ten months.
• A person with a criminal record does not need to have received a pardon in order to apply for a waiver.
• A person who has been granted a US waiver cannot be refused entry at the border.
• A waiver is valid for a period of only one to five years, after which it will have to be renewed.
A waiver will allow a person to visit the United States without worry. If you need a waiver, Pardon Services Canada's role and familiarity with the process will ensure that all documents required are obtained in a timely manner and that your case is processed expeditiously. Contact a Client Specialist at Pardon Services Canada now to guide you through the process.
The Canadian Police Information Centre shares information on criminal records in Canada with the US Department of Homeland Security. A criminal conviction will more than likely show up during a background check at a border crossing point. Unless a traveler has a valid US waiver, as a minimum he can expect to be turned back and banned from entering the US. Not only will he risk refusal for entry, he could also face confiscation of property, including possible seizure of his vehicle. This includes any vehicle with a passenger with a criminal record, not just the driver. He can even be arrested and charged.
Even if, in the past, a person with a criminal record has crossed the border without complication as their conviction has not turned up, in this electronic age information is constantly being compiled and circulated. Nowadays, a background check can reveal decades-old convictions. As well, having received a pardon might not make a difference. Canadian pardons are not recognized by the DHS; and although the CPIC will not disclose a criminal record for which a pardon has been granted, the information might have entered the American database before the pardon was granted. Finally, attempting to cross the border in remote areas where there are no guards is ill-advised. Electronic sensors exist at many points to detect suspicious movement and alert authorities.
Consequently, Canadians planning to travel to the US should note the following:
• A Canadian with a criminal conviction needs a US entry waiver of ineligibility from the DHS.
• Apply for the waiver well ahead of time – the process can take up to ten months.
• A person with a criminal record does not need to have received a pardon in order to apply for a waiver.
• A person who has been granted a US waiver cannot be refused entry at the border.
• A waiver is valid for a period of only one to five years, after which it will have to be renewed.
A waiver will allow a person to visit the United States without worry. If you need a waiver, Pardon Services Canada's role and familiarity with the process will ensure that all documents required are obtained in a timely manner and that your case is processed expeditiously. Contact a Client Specialist at Pardon Services Canada now to guide you through the process.
The U.S. - The New No-Fly Zone for Record Holders
On March 23, 2011, “Bill C-42: An Act to Amend the Aeronautics Act” received Royal assent and became law in Canada. Prior to passage of the amendment, the Aeronautics Act already permitted airline operators to share passenger data with foreign agencies that govern an international flight’s destination. This new amendment extends this information sharing by allowing the airlines to share passenger data with US transportation authorities for any flight that enters US airspace, even if that flight never touches down on US soil.
So what does this mean for the traveling public in Canada? Practically speaking, it means carriers must comply with the US Secure Flight Program by providing Passenger Name Records (PNRs) to US authorities for passengers ticketed on flights originating in Canada that either enters US airspace or that have an emergency alternate landing site in the US. The PNRs are provided to US authorities 72 hours in advance of departure for the purpose of screening against the Terrorism Screening Center’s No Fly List prior to boarding. If US authorities deem that a passenger represents a security risk, that passenger will be subject to additional screening and may be denied boarding.
There have already been documented instances of travelers being denied boarding in Canada as a result of this new legislation. Unfortunately there is little that the traveling public can do in advance of departure to ensure they do not run afoul of the new policies. If a passenger has an existing redress number issued by the Department of Homeland Security then providing that information at the time of booking should prevent problems on the day of departure, but for travelers who have never had problems before (and who would therefore not have a redress number), there now exists this additional source of concern that their ability to travel
domestically or internationally is ultimately at the discretion of the US Government.
Travel Services should inform their clients of this change in regulation and suggest that a Criminal Record Check, a U.S. Entry Waiver or a Canadian Pardon are services and rights that are available to all Canadians.
Travelling to the United States with a Criminal Record? Fast Facts
Information Canadian Criminal Record holders need to know if they want to travel to America.
Can I go to the U.S. if I have a Criminal Record or Police File?
- You CAN NOT enter the U.S. legally if you have a Criminal Record in Canada
- If you get checked at the U.S. border with a criminal record you will be denied entry.
- If you get denied entry you will be flagged every time you try and cross the border in the future
- You need to apply for a U.S. Entry Waiver, also known as a U.S. Travel Waiver.
- This document must be obtained from the U.S. Department of Homeland Security, not the Canadian government
- A U.S. Entry Waiver application can be approved for either one, two or five years.
- If you have ever been denied entry to the U.S. you will need this document every time you enter the U.S.
- You can re-apply for the U.S. Entry Waiver after it expires
- There is a possibility of getting a longer waiver on subsequent applications (e.g. going from a 1 year waiver to a 2 year, or even a 5 year on the second approved application)
- A Standard U.S. Waiver can be obtained for $49.50 a month (over 10 months) and takes up to a year.
- A Premium U.S. Waiver can be obtained for $79.50 a month (over 10 months) and takes only 6 months.
- To talk to an expert in the field of U.S. Waivers call 1-8-NOW-PARDON
- Send an email to info@pardonservicescanada.com
- Visit the U.S. Entry Waiver Website
- Fill out a quick, free, online request for more information - Here
Canadians Getting More Than They Bargained For Crossing U.S. Border
With a rising Canadian Dollar and more Canadians flocking south for shopping bargains, the risk to Canadians with a criminal record increases. A quick trip for gas can turn into a lifetime of U.S. Entry Waivers.
Canadian spending in the U.S. was way up in 2010, according to a Visa report. Spending went up 18% from the previous year, capping at $9.2 Billion. Last year Canadians, among all other nationalities, were also the biggest spenders in the U.S. A strong Canadian Dollar backed by rebounding Canadian industry, weak investor confidence State side and high oil prices promises great deals for Canadians. The trend continued into 2011 as the dollar has been trading at 105 against its U.S. counterpart - up 5.4 points since January. This recent growth brings the dollar to a 3 ½ year high against its American counterpart.
As the shopping migration continues en masse, Canadians would do well to remember that if they have a criminal record it is a requirement of the U.S. Department of Homeland Security that the traveler posses a U.S. Entry Waiver. U.S. Border Officials have been turning away more and more Canadians from the border as a quick check can uncover a past offence prompting a refusal of entry.
On top of being denied entry at the border, any subsequent attempt to enter the U.S. from Canada is flagged and checked. The person caught trying to conceal their past or enter the U.S. without a waiver will be required to possess a U.S. Entry Waiver for the rest of their life.
More and more Canadians are getting caught in the tighter security blanket crossing the border to take advantage of great deals. Unfortunately, they are getting much more than they bargained for as a lifetime of U.S. Entry Waivers can result from one quick trip across for gas. The unfortunate thing is that for Canadians a criminal record check is quick and inexpensive. Canadians don’t need to be caught unsuspecting at the border.
*note: a Canadian Pardon will ensure that the U.S. government will not be able to see any previous criminal record
HIRING PRACTICES EXPOSED - Red Carded Before the Game
Increasingly, companies are using criminal record checks in their hiring process before even talking to the applicant. The criminal record check industry has provided a readily available, popular, and inexpensive tool for pre-screening hopeful applicants. This use, now widespread, eliminates all job candidates with criminal records. People with criminal records are routinely being denied any opportunity to establish their job qualifications. Such a “blanket” approach is clearly flawed if not plain wrong; it seems not only unreasonable but also potentially illegal under civil rights laws.
Criminal background checks serve to determine the safety and security risk of candidates for employment or promotion. However, to assume that the existence of a criminal record accurately predicts such risk is illogical. Employers are using these checks as a way of determining character rather than qualification. The best qualified or even well-qualified individuals are being swept aside irrationally. These blanket exclusions provide no opportunity for employers to consider critical information, such as the nature and age of an offence plus its relationship to the job.
Another emerging aspect is the potential for covert discrimination – using criminal records to screen applicants serves as a facially neutral selection process that invites consideration and review. As such, the National Employment Law Project’s March 2011 report urges employers to reconsider their current hiring policies. An individualized assessment should take into account the nature and gravity of the offense(s), the time that has passed since the conviction and/or completion of the sentence, and the nature of the job held or sought. This approach would ensure that people with criminal records are not eliminated for youthful indiscretions, minor run-ins with the law, or more serious offenses from long ago.
Supporting this approach is the fact that a criminal record is difficult to interpret, making it a misleading tool to determine risk on the job. The BC Civil Liberties Association has raised concerns about employers using the PRIME (Police Records Information Management Environment) database for pre-employment checks. In the past, this database was considered a highly confidential tool for law enforcement. One of the problems inherent in using this database now for employment screening is that some information is being recorded as “negative contact,” a concept far too broad in scope for employers to base life-defining decisions upon. If it is going to be used increasingly for background checks, people will be demanding greater access to ensure information provided is accurate.
This is another example of what you don’t know can hurt you. How many people can tell you with 100% certainty what is in their file? How many of these hiring managers even know what their file says about them? If you are serious about your employment search or career advancement – do your best to have ALL the answers before you become excited about an application submission. Your past experiences, hard work, education and qualifications may be worth absolutely nothing to a potential employer if you set off a red flag.
Weeding Out the Criminal Record with a Pardon
“Maturity,” “sophistication,” “wisdom”: The adage youth is wasted on the young comes to mind when one realizes that maturity makes a person less innocent, after sophistication results from education, when wisdom yields good judgment and insight.
Here is the story of one Canadian having realized more fully the effect of using marijuana and the benefits of discontinuing the habit.
He was charged with his offence when he was just 19 years of age, in his first year of university. He was apprehended coming off the train with an amount of marijuana and some cookies. At the time, he used marijuana as a stress reducer but has since stopped.
Since his conviction, he has gone on to get his degree in computer science. After graduation, he started working as a technical support representative for a consulting company and was promoted to a technical lead position after just one year. About two years later, he moved to the Maritimes where he currently works as a software support representative.
A pardon has helped him to be able to apply to a broader scope of employment opportunities that previously were out of reach due to his criminal record. The background checks that potential employers might perform will now provide a clean slate with which he can move forward. His U.S. entry waiver will also allow him to travel freely to the U.S., which is required on occasion at his current job.
If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the wisdom that he most certainly has.
Spun Out of Control. . . Man Regains Life After Record Suspension.
“Regret,” “remorse,” “anguish,” “self-reproach” – all these feelings hang heavy when one truly realizes the consequences of wrong doing.
No matter how minor or serious the circumstance may be that a troubled person is contending with, to feel a measure of relief when having overcome the consequences is uplifting.
Here is the story of one person having become successful in his personal life putting his past behind him.
In 1987, he was found guilty of having a blood alcohol level exceeding .08 while driving. His vehicle hit some gravel, spun out of control, and rolled over. He is so very thankful that there were no other vehicles or individuals involved. He deeply regrets this incident and has made many positive changes in his life as a result. He has not, since the date of his conviction, driven under the influence of alcohol. This event has been something he has had to live with for over twenty years.
He has two teenage children currently learning to drive and looking forward to attending university. He often reminds them of his circumstances and strongly encourages them to learn from his mistakes.
He currently teaches in workshops for corporate clients. He greatly enjoys educating adults and seeing how their careers benefit. Increasingly, organizations are asking for criminal background checks in order to do work through a vendor. This record suspension has allowed him to continue to educate and not limit his ability to earn a living.
If you are in similar circumstances yourself, Contact Pardon Services Canada for help. You too can gain the peace of mind that he most certainly has.
A Straight Life Is The Best Life - Leading By Example
“Success”: favorable termination of attempts; attainment; triumph; fruition – the concept, regardless of how it is defined, always produces a positive, anticipating, elating feeling.
No matter how minor or serious the circumstance might be that a troubled person is contending with, to feel a measure of success when having overcome the consequences is uplifting to say the least.
Here is a brief story of a woman who, after overcoming a controlling drug addiction, has become successful and content and has gained a renewed sense of well being after receiving her Canadian pardon.
As a young woman she was introduced to drugs, which led to a life of destruction, as is so obvious. She worked hard to totally dissociate herself from all involvement with crime or past associates. She is very remorseful when looking back and realizing all those wasted years. She has not indulged in drugs or alcohol for nearly twenty years. Her goals now are to continue teach her family by example - that a straight life is the best life. And to continue to grow - by helping her community thus achieving self-fulfillment.
She has done a complete turnaround with the love and support of her family who have helped her overcome her past. She has lived a quiet life, caring for her grandson while her daughter worked and her elderly mother. She also taught illiterate adults to read and write, a most valuable experience as she was helping not only herself, but others as well.
A pardon from Pardon Services Canada has given her the freedom to travel with her family to the U.S. on holidays. She no longer lives with the fear of someone in the community finding out about her past, which she so regrets. She also has been given the opportunity to do volunteer work that her criminal record had previously prevented.
If you are in similar circumstances yourself, Contact Pardon Services Canada for help applying for and obtaining your Canadian criminal pardon. You too can gain the peace of mind and a second shot at living a life free of a criminal record.
Everyone makes mistakes. Don’t let your past limit your future.
No matter how minor or serious the circumstance might be that a troubled person is contending with, to feel a measure of success when having overcome the consequences is uplifting to say the least.
Here is a brief story of a woman who, after overcoming a controlling drug addiction, has become successful and content and has gained a renewed sense of well being after receiving her Canadian pardon.
As a young woman she was introduced to drugs, which led to a life of destruction, as is so obvious. She worked hard to totally dissociate herself from all involvement with crime or past associates. She is very remorseful when looking back and realizing all those wasted years. She has not indulged in drugs or alcohol for nearly twenty years. Her goals now are to continue teach her family by example - that a straight life is the best life. And to continue to grow - by helping her community thus achieving self-fulfillment.
She has done a complete turnaround with the love and support of her family who have helped her overcome her past. She has lived a quiet life, caring for her grandson while her daughter worked and her elderly mother. She also taught illiterate adults to read and write, a most valuable experience as she was helping not only herself, but others as well.
A pardon from Pardon Services Canada has given her the freedom to travel with her family to the U.S. on holidays. She no longer lives with the fear of someone in the community finding out about her past, which she so regrets. She also has been given the opportunity to do volunteer work that her criminal record had previously prevented.
If you are in similar circumstances yourself, Contact Pardon Services Canada for help applying for and obtaining your Canadian criminal pardon. You too can gain the peace of mind and a second shot at living a life free of a criminal record.
Everyone makes mistakes. Don’t let your past limit your future.
Options should you be stopped at the U.S. border.
Here is a brief summary of an article that recently appeared in The Globe and Mail. To read the original article, please follow the link at the bottom of this summary.
What should you do if denied entry because of a criminal conviction, perhaps one that happened decades ago?
Consider this hypothetical experience: Imagine you're at a U.S. Immigration checkpoint, travelling to attend a meeting or convention, close a business transaction, or take trip to Disneyland. A U.S. Immigration officer discovers that you were involved in a “criminal matter” years ago.
If you’re denied entry to the United States, your travel plans may be jeopardized, and it might even have a detrimental effect on your career – travelling south of the border is what many Canadian business people do occasionally as part of their jobs.
If so, here’s a word to the wise: Don’t panic. It’s understandable that you might become nervous in such a situation, appearing suspect to the U.S. Customs and Border Protection officers. It might even be tempting to ramble on in a way that makes an officer suspicious. Others might lose their cool and display a bad attitude. None of these reactions would prove beneficial and could result in refusal of admission.
So if you’re questioned about your prior criminal history, think carefully before answering, and remain calm. Instead, fully disclose all your arrests and convictions, including any “minor indiscretions” that might have happened long ago as a youth or young adult.
U.S. immigration laws outline specific categories of crimes and offences that generally categorize inadmissibility offences. Canadian travellers can find themselves questioned about their inadmissibility for instances in their past involving either drug-related offences (controlled-substance violations) or crimes involving dishonesty (crimes involving moral turpitude). There are exceptions to the rule, though, and recalling as many facts as possible may allow you to make your originally scheduled flight to the United States.
Even in the event that you’re turned away that day, there’s still hope. You may be able to apply for a Non-immigrant Waiver of Inadmissibility to the United States. Or you may have to provide court records demonstrating that the inadmissibility provisions of the U.S. Immigration and Nationality Act don’t apply in your case.
Even if you are not technically inadmissible to the United States, you may require advance assessment by the U.S. Customs and Border Protection Admissibility Review Office to advise of your admissibility in the form of an official letter.
So stay calm, don’t panic, and don’t do anything foolish. Work within the system, and if necessary, work with an expert and chances are you’ll be able to return to the United States without having to worry.
Read the full story Denied entry to the U.S.? Don’t panic. by Tony Wilson as it appeared in the Globe and Mail.
What should you do if denied entry because of a criminal conviction, perhaps one that happened decades ago?
Consider this hypothetical experience: Imagine you're at a U.S. Immigration checkpoint, travelling to attend a meeting or convention, close a business transaction, or take trip to Disneyland. A U.S. Immigration officer discovers that you were involved in a “criminal matter” years ago.
If you’re denied entry to the United States, your travel plans may be jeopardized, and it might even have a detrimental effect on your career – travelling south of the border is what many Canadian business people do occasionally as part of their jobs.
If so, here’s a word to the wise: Don’t panic. It’s understandable that you might become nervous in such a situation, appearing suspect to the U.S. Customs and Border Protection officers. It might even be tempting to ramble on in a way that makes an officer suspicious. Others might lose their cool and display a bad attitude. None of these reactions would prove beneficial and could result in refusal of admission.
So if you’re questioned about your prior criminal history, think carefully before answering, and remain calm. Instead, fully disclose all your arrests and convictions, including any “minor indiscretions” that might have happened long ago as a youth or young adult.
U.S. immigration laws outline specific categories of crimes and offences that generally categorize inadmissibility offences. Canadian travellers can find themselves questioned about their inadmissibility for instances in their past involving either drug-related offences (controlled-substance violations) or crimes involving dishonesty (crimes involving moral turpitude). There are exceptions to the rule, though, and recalling as many facts as possible may allow you to make your originally scheduled flight to the United States.
Even in the event that you’re turned away that day, there’s still hope. You may be able to apply for a Non-immigrant Waiver of Inadmissibility to the United States. Or you may have to provide court records demonstrating that the inadmissibility provisions of the U.S. Immigration and Nationality Act don’t apply in your case.
Even if you are not technically inadmissible to the United States, you may require advance assessment by the U.S. Customs and Border Protection Admissibility Review Office to advise of your admissibility in the form of an official letter.
So stay calm, don’t panic, and don’t do anything foolish. Work within the system, and if necessary, work with an expert and chances are you’ll be able to return to the United States without having to worry.
Read the full story Denied entry to the U.S.? Don’t panic. by Tony Wilson as it appeared in the Globe and Mail.
Subscribe to:
Posts (Atom)