Laws Regarding Canadians Crossing Into the USA & Criminal Records
- Criminal records can prevent a Canadian citizen's entry into the U.S.Stock pictures of a passport from the United States of America image by Albert Lozano from Fotolia.com
If you have certain convictions on your criminal record in Canada, border patrol agents may deny you entry into the United States. Though the seriousness of criminal offenses in the United States and Canada are not the same, border patrol agents can deny entry to Canadians with a criminal record, regardless of the offense. - The U.S. will automatically deny you entry if you have a criminal record that involves controlled substances and prostitution. Other criminal records include what Canada calls crimes of "moral turpitude." These crimes include, but are not limited to, burglary, armed robbery, rape, assault with intent to kill, assault with attempt to do great bodily harm, arson, murder, blackmail, kidnapping and embezzlement. Having two are more convictions in which the sentences add up to five years or more can also lead border patrol to deny you entry into the U.S.
- Since there is no definitive list on what Canada considers a crime involving "moral turpitude," the offenses for which the U.S. denies entry into the country are a bit open for interpretation. If the U.S. denies entry to someone, or if a person is worried about a possible denial to entry due to his or her Canadian criminal record, they need to consult an attorney. Attorneys who practice immigration law can handle all the legalities of a denial of entry into the United States due to a criminal record.
- U.S. laws do not require border patrol to run criminal background checks on every Canadian crossing the U.S. border. Laws require the agent to ask for identification, the nature of your visit and the length of your stay. It is up to the individual agents to run random criminal background checks on whomever they choose. The agent runs the individual's information through the Royal Canadian Mounted Police database and if the person has a criminal record, it automatically downloads to both the FBI and the Department of Homeland Security.
- Any Canadian denied entry into the U.S. because of a criminal record can apply for a U.S. Entry Waiver in order to travel to the United States. The U.S. Department of Homeland Security approves or denies entry waiver applications. Approved entry waivers are valid from between six months to five years. Even people who have received a pardon from Canadian courts for a conviction must have an approved U.S. Entry Waiver to enter the United States