Canadian Denied Entry to USA

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.

Michael Niren

About 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. Read more

  • Sid Archer

    I am a Canadian citizen, my fiancé is a Canadian citizen and a green card holder who lives in the US but has been in Canada for the last three years due to work. We have a year old son together. I was denied entry to the US because I am a stay at home mum and does not have a lease or mortgage to my name. We were planning to drive across the US and make a vacation out of it and planned to stay in Atlanta for three months and return before Christmas. We canceled our lease because it didn’t make sense paying rent when we won’t be living there additionally I was going to return to a different province. The officer said they could not let me in because I did not have any ties to Canada and there was no reason for me to return to Canada should I choose.
    They told me in order to TRY re-entering, I need to get a job, a letter from my employer stating I am expected back at work on a certain date AND I need a mortgage or lease in my name.
    Is this normal practice? Can’t single stay at home mums with no lease or mortgage to their name travel to the US even if they are Canadian citizens?
    Is this going to damage my chances when applying for residency after my fiancé and I get married?

    • Immigration Lawyer (rachel)

      Hi Sid,

      Thank you for contacting us at VisaPlace! We would have to take a closer look at your case to help you determine the best pathway to enter the US, as well as whether you are eligible. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

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