U.S. waiver entry for someone with criminal record

Hello everyone - I just came across your site and thought that maybe someone here can help me. I'm so sick to my stomach that I can barely breath. My family and I are traveling to the U.S. next year in May. We will be flying to Florida and then boarding a cruise ship. Well I have had this trip booked for 7 mos. Guess what? My husband has a criminal record going back to 16 yrs. ago and it just dawned on me that he may have a problem. So fine, today I looked into the process of him receiving a pardon and a U.S. Waiver. I know my time is limited. But now my problem - if the Waiver does not arrive before May 2008 (which I doubt it will - because I was told it takes 6 mos. to a year after the application has been submitted to the U.S. Border Patrol). How will he be able to travel? I'm so mad at myself for not thinking of this before but most of all I'm very mad at him for taking this lightly and of course for making such a ST***PID mistake. This whole process is going to cost me $1400. As anyone been thru this and if so - how long did it take from the time they started this process to the time the waiver was received. I was also told that someone can only receive a "temporary visitors entry" while the application is still in process but only for an emergency travel not for pleasure. Can someone please shed some light on this please - I'm literally sick over the thought of him being detained at the airport and especially in front of my children.

I am not sure if a waiver is available for vacation travel or not. You might want to speak with a knowledgable immigration lawyer, or someone at the US consulate in Toronto.

The bar on immigration by convicted criminals is pretty high anyway, unless it is a series of serious convictions you are not barred from entry. Drug trafficking offenses are also a bar to entry.

The question is:

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

DHS doesn't have access to foreign arrest records so I wouldn't worry about that one too much. I doubt CSIS has a clue what offenses to do with "moral turpitude" are either so those probably don't appear.

Actually, even a DUI charge can make you inadmissable, and the US and Canada have full file sharing as of a few years ago. As soon as a passport is scanned, or ID information is entered by border officials, they'll have any criminal record information right there in front of them.

A quick GOOGLE search found this website with some info about US waivers http://www.canadianpardons.ca/us_entry_ ... /overview/

Did you know that the U.S. Department of Homeland Security has access to your criminal record?

A criminal record does not only contain convictions but also records of arrest, fingerprints and charges.

Even if you were pardoned you will need a U.S. Entry Waiver. The United States Government does not recognize a Canadian Pardon.

Even if your record is not viewable by law enforcement in Canada, the U.S. Department of Homeland Security maintains a duplicate of your records and can access them anytime.

My husband (he's the US citizen) has a charge going back to when he was 16 years old, when he tried to enter Canada and they scanned his passport, they saw it there on his record. He can't visit Canada because of it.

My brother-in-law has a criminal record in Ontario, and when he was in court, they told him right there, he cannot travel to the US without a pardon and/or waiver.

A friend of mine was also asked at the border once if he had ever been arrested. He had been, when he was 16 for something very minor. But he figured he should be honest and admit that he had been arrested at one point (stealing wood from a construction site to build a skateboard ramp.lol)

They made him sit in a waiting room for like 5 hours, and eventually let him enter the US. I'm not sure if he was convicted at the time.I know he had to do community service as his punishment though.

So who knows - but the best thing to do is get the waiver, if possible.

We help people everyday that have the same issues. The process is quite complicated but we know it inside out. For more information check out our website: legalpardons.ca and for more information specifically about US entry waivers check out: legalpardons.ca/US_entry_waivers.html

i have just come back from seattle where3 my husband and i were taking a cruise. i was sick to the pit of my stomach with worry about entering the us as my husband had a criminal record 15 years ogo for a number of things, it makes him sound bad but it relates to drugs ( cannabis ) and violence and at one point he was in prison for 6 weeks. so i am in a panic as you can imagine because i had booked the cruise last minute and had not realised the visa waiver thing was even relevent! anyway we had not enough time to start confessing to gain visas etc so we had to chance it. it really spoilt the run up to the holiday i cried about it and all sorts. but i have to say to everybody that there really is nothing to worry about. the authorities DO NOT have accsess to your personal record unless you tell them!! honestly we applied for the waiver and got it by replying no to all questions and we walked through with no problems at all. they take finger prints but this is for their own records not to compare with ours, and they do an iris scan for their records as well. if your going on a cruise they fust want to know the first nights stay adedress and thats it. please dont worry all those people who have a past, so long as your not on interpol files for serious offences the american authorities are not interested in you. i read a forum before we travelled which had a link to a letter from the home office which read that the freedom of information act allowed the american authorities to apply for the criminal record if they had suspicions about your character ie: if your travelling alone and looking guilty! other than that they only have your work for it, so relax and enjoy your holiday.

Question for jay1962
when you went thru customs
was your husband ever ask if he had been fingerprinted before
or asked if he had a criminal record
and if they did ask how did he answer

I've been charged with Assault ( grabbed a guys shirt after he threatened me ) has not gone to court just happened in Sept.
How ever my wife and I and parents are going on a crusie next month ( booked it a year ago )so no time to get waiver
nervous what to say if i get asked the qustion about fingerprints
because i had to get them done already
but have not been convicted of assault

Hi there...If you are in need of assistance to be allowed into the United States legally come contact us through our website. We are a professional agency that assistance people with Canadian pardons and U.S entry waivers

We are the only agency that offers our service 7 days a week.

http://www.pardonconsultant.com

Question for jay1962
when you went thru customs
was your husband ever ask if he had been fingerprinted before
or asked if he had a criminal record
and if they did ask how did he answer

I've been charged with Assault ( grabbed a guys shirt after he threatened me ) has not gone to court just happened in Sept.
How ever my wife and I and parents are going on a crusie next month ( booked it a year ago )so no time to get waiver
nervous what to say if i get asked the qustion about fingerprints
because i had to get them done already
but have not been convicted of assault

HI Bigal...Sounds like you have an arrest record and my agency can help you have that removed. Contact us through our website, email at inquiries@pardonconsultant.com or call 416 580 9645...IF you are not in the general Toronto area then on our website there is a talk now button just click on that and enter your phone number..within 15 seconds or less you will be connected directly with us and there is no long distance charges to you.

http://www.pardonconsultant.com