A criminal conviction in Canada can be reason fro inadmissibility to the United States.
- There are many reasons a person may be ineligible to enter the U.S.
- Inadmissibility arises from “…conviction, or, admitting, even without conviction, the essential elements of a Crime Involving Moral Turpitude”
- Someone could be denied entry if they have a criminal record for crimes of moral turpitude and are age 18 or older.
- The list of crimes of moral turpitude that are reasons for exclusion from the U.S. is quite detailed.
- Moral turpitude is a nebulous concept and can charge over time, refers generally to conduct that shocks the public conscious
- The most common types of crimes involving moral turpitude that would make you inadmissible are:
- aggravated battery
- Drug trafficking and possession are not the most common crimes causing inadmissibility but are recognized as offences that may make someone inadmissible.
- It is possible that you may be denied entry for possession of a controlled substance conviction.
- At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S
- As well, if someone has multiple convictions for lesser offences and or other misdemeanors, you could be denied entry.
- Someone with a conviction for a lesser offence, such as possession of a controlled substance, could attempt entry and hope that it goes unnoticed or can be upfront about it and apply for a waiver that if granted would allow them entry into the US.
- Applying for an inadmissibility waiver is a lengthy detailed process.
- For information on inadmissibility waivers check the U.S. Customs and Border Protection website
Controlled Substances d Inadmissibility:
- ”reason to believe drug trafficking”
- A person is inadmissible if the U.S. government has reason to believe that they are a or were a drug trafficker.
- As well, if the person is or has been a drug addict or abuser that may be grounds for inadmissibility.
- Inadmissibility arises from: a conviction for any violation relating to a controlled substance or admitting (even without conviction) the essential elements of a violation of law pertaining to a controlled substance INA 212
- The U.S. government has provisions to bar anyone who has a possession conviction as they are a “drug abuser”
Exceptions Without Inadmissibility Waivers:
- If the person is Aboriginal they may not need to apply for a inadmissibility waiver despite their criminal conviction:
- The Aboriginal Caution Jay Treaty:
- The1849 Treaty between US and UK (for Canada) for the Aboriginal people allows Aboriginal people free crossing of the border
- US/Canadian born people with at least 50% Aboriginal blood can enter and live in and work in either country without immigration restrictions
- Inadmissible individuals can be granted entry for compelling reasons. They may be granted humanitarian entry to the United States for funerals, death bed visits, wedding of a close relative, medical treatment.
- Humanitarian entry will be granted at point of entry, at the border and will be determined by border security.
- If you have been charged with a criminal offence contact Kostman and Pyzer, Barristers today for your free consultation!