Can a Canadian be denied entry to USA

A Canadian citizen can be denied entry to the United States. When we think of people being denied entry to the United States we typically think of people who are from countries that require a visa to enter the United States and don’t generally consider Canada because it is visa-exempt. Canadians should only have to show their passport in order to enter the United States. 

But, a Canadian with a criminal record is a different story. Any kind of criminal record poses a risk for you being denied entry to the United States – this means you will be turned away at the border and you must return back to Canada. Any plans you’ve made, or money you have spent on your trip to the United States will have to be cancelled and will not be refunded. This can be very upsetting.

If you are denied entry to the United States, you can apply for a United States waiver of inadmissibility.

How to apply for a US waiver

US waivers are generally good for five years, although the United States border official who grants you yours might make it valid for less than five years. You will be required to show your waiver every time you enter the United States for the duration in which it is valid.

How to apply for a US waiver:

1. In order to apply for a United States waiver you must obtain and fill out two separate forms. The first is a general biographical information form, while the second is a form for special permission to enter the United States despite your criminal inadmissibility.

2. When you apply for a US waiver you will need to provide United States government officials with all of the information that is relevant to your case. This information includes an RCMP certificate, the court records of your case and a personal statement prepared by you about the circumstances around your conviction.

3. You will have to demonstrate that you have ties to Canada in your application for a US waiver. The purpose of this is to show United States immigration authorities that you have no intention of overstaying in the United States. Information about your job, property, finances and family could be applicable.

When you submit your application, the United States government will consider three main things, including if there is a risk to society if you are allowed to enter, the seriousness of your criminal conviction and why you want to enter the United States in the first place.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.