US Entry as a visitor

[pinto66]

I had a criminal record in a fight with my wife in Canada. Ever since the court ordered a probation in 2001 (till today), I never visited the US.

I received my pardon last week.

1. Can I now visit US now? Will the US border people have any record of my past?

2. Can someone guide me if I can go for a TN visa or an H1-B visa? Will I face any problems?

Please guide ASAP.

Thanks.

[juventino]

Hi Pinto,

if you were never denied entry to the US and your record got properly sealed - you should be fine going to the US as they search CPIC and that search should come back clear.

The only way they can find out about your record if if YOU tell them.

Since you posted this about 6 months ago - have you gone to the US?

I personnally received my pardon 10 months ago and went the US last week and had no problems. I wonder if they check CPIC everytime. I would hope so - if anyone knows more info on this place let me know.

Thanks

[Steven]

This "get a pardon" thing you see on the TV is a scam IMO. Even if you have a criminal record you're not necessarily barred from entry into the US. The standard is two or more offenses for which the aggregate sentence is five years or more. They have the discretion to deny you entry if they believe you are going to engage in criminal activity but if your wife lives in Canada they have no basis for thinking that.

All it means is that when they ask you: "Have you ever been arrested?" You say: "yes" and go to secondary inspection and tell them in detail what you were arrested for.