Many Canadians love to visit the United States every year to shop, vacation or visit family and friends. Canada’s relationship with the United States is a positive one, so most Canadians only need to flash their valid passport before they are allowed on in to the United States of America.
But are there circumstances where this isn’t so easy? Yes! Many people are extremely surprised when they are denied entry to the United States or even that Canadian citizens can be denied entry to the United States at all – but it does happen.
If a Canadian has been denied entry to the USA, it is usually for one of two reasons: either they have a health problem that the United States considers to be dangerous to others, or they have a criminal record – even a minor one. Criminal records for “crimes of moral turpitude” are enough to get you barred from the United States, but this is a very broad definition that can include small drug charges and assault.
Is there a way of getting into the United States after being denied?
A Canadian who has been denied entry to the United States – or fears they may be denied entry to the United States if they attempt to cross the border – does have an option. You may apply for a waiver of inadmissibility.
To do so, you must fill out two application forms: the I-192 Application for Advance Permission to Enter as a Nonimmigrant and the G-325A Biographic Information.
Along with these two forms you will need many pieces of supporting documentation, including an RCMP certificate, local court records of your offence, a personal statement that you have written about the circumstances surrounding your offence and information about your ties to Canada to prove you will leave the United States after your trip.
You may also need to pass a drug test if your criminal record has anything to do with drugs, and it’s recommended you get a few character references for your application.
You must visit a designated port of entry to file your application and pay the fee. You will also be fingerprinted when you apply.
Do you know if you are criminally inadmissible to the United States? In a situation like this, it is much better to be safe than sorry. Please contact us to determine if you are eligible to enter the United States, and if not – what you can do about it.
President & CEO
Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association.
