Border Crossing Problem

[QueenB]

Hi Everybody, I am hoping somebody out there can help answer a few questions. I am trying to
determine if a family member of mine can cross the border to take a much needed holiday however this member has
a criminal record from awhile back. My understanding is 'No' and given the current world climate I can see why.

Is there a way to legitimately request access over the border for this family member? Is there a document and if
so where do we go in Canada to retrieve it? Is there a place we can contact for info?

 

[robsawatsky]

You'll have to contact the nearest US Consulate or embassy. The procedures could be long and ultimately unsuccessful.

 

[tigercat]

It might depend on how long ago and what the charges were. I have someone close to me who had a problem and when it was checked on was told that it was okay.
tigercat

 

[wenabre]

and get it in writing from an official. Don't just go on 'someone told us' without a name or job ID, the guards at the border won't care- if they say its not legal, and then you could be in a mess of trouble. I don't mean to be a downer but its not worth taking a chance especially in these times.

 

[tigercat]

I totally agree. Get anything in writing with the persons name, ect. Never go just on someone's say so.
tigercat

 

[Wiz]

If it was a while ago (I think if the sentence ran out more than three years ago) they might be able to get a pardon. If so then its like it never happened. You have to apply for the pardon. You should check with a lawyer.

 

[robsawatsky]

Unfortunately, a pardon doesn't matter to US Immigration officials. A waiver will still be required to get across the border for almost any criminal conviction.

From:

http://www.voyage.gc.ca/Consular-e/Publications/crossing_49th-e.htm

Criminal Records
If you have a criminal record, no matter how minor or how long ago the offence, you may be refused entry to the United States. There may also be problems in transit through U.S. airports. Under U.S. law, a Canadian pardon does not cancel a criminal conviction.

If you have a criminal record, you should contact one of the U.S. Immigration and Naturalization Service (USINS) ports of entry well in advance of travel to the United States. If you are ineligible to enter the United States, you may apply for a waiver of ineligibility. This will involve completing Form I-192, "Advance Permission to Enter the United States." There is a fee and it may take several months to process your application.

Waiver application forms are available from any port of entry to the United States, any pre-clearance site in Canada, the U.S. Embassy in Ottawa or one of the U.S. consulates in Canada.

U.S. ports of entry are computerized and connected to a centralized database. Information is readily available on criminal convictions in both Canada and the United States. Even though you may have entered the United States without hindrance in the past, you could run into difficulty if your record shows a criminal conviction or a previous denial of entry. Attempting to gain entry without a waiver could result in several weeks of detention at a USINS facility.

 

[Wiz]

Actually if you get a pardon (in Canada for a crime committed in Canada) your record is sealed and removed from the CPIC and criminal records databases so American customs and any other law enforcement agency do not have access to it. The removal only applies to the record that the pardon is given for. If there are other crimes that are not pardoned they remain. However given the backlog of work at the RCMP Identification branch it could take some time to be removed. The only time the record is unsealed is if you are charged with an other crime and that is by the courts, not the police.

 

[QueenB]

Thanks Everybody,

Your responses have proven to be invaluable. I will be sure to pass this information along to my family member and we shall try our best to comply with all requirements in order for my family member to enjoy a vacation across the border.

Thanks Once More!