Travelling to the United States with a criminal record can be challenging. Decisions and choices made in the past can have significant implications on your ability to cross international borders. This article provides a comprehensive guide to understanding the restrictions and requirements for entry into the United States with a criminal record.
Impact of Criminal Records on Travel to the United States
If you have a criminal record, no matter how minor or how long ago the offence, you may be refused a visa or entry to the United States. Even if you have been accepted in the past, you can be denied entry based on the disclosure or discovery of your criminal history.
Consequences of Non-Disclosure
If you attempt to gain entry without declaring a present or past criminal record, the consequences can be severe, including permanent ineligibility or detention in the U.S. Department of Homeland Security (DHS) enforcement facility while a Customs and Border Protection (CBP) officer determines your admissibility.
Waiver Application
A Canadian citizen must fill out a waiver to determine admissibility if they have a criminal record. The waiver application process can be lengthy, taking up to a year, and costs $585.00 USD per application regardless of the outcome. Completing an Application for Advance Permission to Enter as a Non-Immigrant (Form I-192) can be accessed by CBP or U.S. Port of Entry or any Canadian Airport.
CBP updates this form periodically, so confirm you have the current version before you submit. An outdated form is one of the most common reasons an application does not move forward.
Factors Affecting Admissibility to the United States
Criminal Offences
The following factors can affect your admissibility:
- The type of criminal offence you were convicted for.
- The length of time since your last conviction.
- The sentence you received.
Specific Offences That May Prevent Travel
Certain offences are more likely to render a person inadmissible, including:
- Murder or manslaughter
- Sexual assault
- Robbery
- Aggravated assault
- Involvement in terrorism
- Drug trafficking
- Drug possession, including personal use quantities. This is treated separately from trafficking and does not require a trafficking-level charge to affect admissibility.
- Fraud and other crimes of moral turpitude
Discharges and Their Impact on Travel
Even though a discharge is not a conviction, it is still evidence of guilt. Depending on the seriousness of the discharge, it may affect whether or not you will be granted entry.
Examples of Admissible and Inadmissible Cases
- Admissible: Single convictions for assault, mischief, trespass, and failing to comply with a court order.
- Inadmissible: Crimes of violence, sexual assault, and multiple convictions for crimes of moral turpitude (e.g., fraud, possession of stolen property, drug offences).
Youth Records and Travel to the United States
Canadian law does not treat a youth court conviction the same as an adult conviction. Still, that distinction does not automatically extend to how US border officers see your file.
Under the Youth Criminal Justice Act, most youth records are subject to an access period. Once that period ends, the record is sealed from most background checks in Canada, including those conducted by landlords, employers, and volunteer organisations. The YCJA cannot control what a US border agency has already collected or how it interprets a record it obtained before that access period closed.
Why This Gets Complicated at the Border
Canada and the United States share law enforcement data. If a youth record was flagged during that exchange before your access period ended, CBP may still retain a copy in its systems even after Canada has sealed the file. There is no reliable way to confirm from the outside whether that happened in a specific case.
This is different from the adult record suspension issue covered later in this article. A suspension for an adult conviction is a formal federal process with a defined outcome, and even then it carries no weight at the US border. A youth access period is a distinct legal mechanism, with different timelines and rules about who can see the file and when. Treating the two as interchangeable is where people run into trouble.
If your access period has not yet ended and you are weighing whether to attempt a border crossing now or wait, you should not make that decision without knowing what, if anything, is already on file with US authorities. A lawyer familiar with both youth records and US admissibility can help you figure out where you actually stand before you find out at the border.
Peace Bonds and Travel to the United States
A peace bond is not an admission of guilt and will not result in a criminal record. However, authorities will have a record of the peace bond, which may affect your ability to travel to the U.S. It is advisable to wait until these records are removed before attempting to travel.
Application for Waiver of Inadmissibility
To enter the United States despite a criminal record, you can apply for a waiver of inadmissibility. This process involves completing Form I-192 and submitting it to CBP at a U.S. Port of Entry or Canadian airport.
Costs and Time
The application costs $585.00 USD and can take up to a year to process. You will need to submit various documents, including fingerprints, police records, and a personal explanation of the circumstances surrounding your criminal offences.
Legal Assistance
The process for obtaining a waiver can be lengthy and complicated. Seeking guidance and assistance from a lawyer experienced in U.S. immigration law can increase your chances of a successful application.
What Happens If Your I-192 Waiver Application Gets Rejected
Getting the paperwork wrong is one of the most common ways people lose months on a waiver application. Submit an outdated version, leave a field incomplete, or miss a supporting document, and the application can be rejected outright. That doesn’t always mean denial on the merits. Often, it just means the file was never reviewed.
A rejection on technical grounds is not the same as a refusal on the merits of your case. It usually means you are back at the start of the process, not permanently barred. But “back at the start” still costs real time. Processing already runs up to a year, and a second attempt joins the queue behind everyone else.
Getting It Right the Second Time
Before you resubmit, confirm three things:
- You are using the current version of Form I-192, pulled directly from the CBP or U.S. port of entry source, not an older copy saved from a previous attempt
- All required documents are attached: fingerprints, certified court records, and a written explanation of the circumstances.
- The application was filed at an eligible location, since not every port of entry processes these.
A rejected application does not reset your eligibility. It resets your paperwork. If you were turned around once already, have someone who regularly works with CBP waivers review the file before you file again. Getting it wrong twice costs another year.
Electronic Devices and Border Security
U.S. Customs agents are entitled to search your cell phone, laptop, or other electronic devices without a warrant or reasonable grounds. They can demand your password and access any files stored on your device. However, they cannot use your device to access files stored remotely.
Consequences of Non-Compliance
Answering falsely to questions posed by customs agents or refusing to provide passwords can result in being denied entry and potentially damaging future attempts to enter the United States. If you are concerned about the content on your electronic devices, consider leaving them at home.
Travelling with Cannabis
Despite the legalisation of recreational marijuana in Canada, U.S. federal law still considers marijuana an illegal drug. Admitting to using marijuana, even without a criminal record, can result in being denied entry to the United States.
Federal vs. State Laws
Although some U.S. states have legalised marijuana, federal law governs international borders. Therefore, possession of marijuana is treated as a criminal offence at the border.
Advisability
Officials advise that asking about cannabis use will not be routine for U.S. border agents. However, if asked, you should not lie. You can refuse to answer, which may result in being denied entry for that day, but it is better than providing false information.
Pardons/Record Suspensions and Crossing the United States Border
While pardons (record suspensions) can assist in job applications, volunteer positions, or home rental applications in Canada, they do not necessarily help with travelling to the United States. U.S. customs do not recognize Canadian pardons. Your criminal offence will still appear in a CPIC check and be considered by customs agents in determining your admissibility.
Protect Your Rights with Expert Legal Guidance
Understanding the restrictions and requirements for travelling to the United States with a criminal record is crucial. Disclosure of your criminal history is mandatory, and failure to do so can lead to severe consequences. Specific criminal offences, discharges, and peace bonds can impact your admissibility. Applying for a waiver of inadmissibility is a detailed process that requires careful attention and legal guidance.
Consulting with an experienced lawyer can help navigate these complexities and increase your chances of successful entry into the United States. By maintaining honesty and understanding the legal framework, you can better manage your travel plans and protect your rights.
This article provides general legal information only and should not be construed as legal advice. Laws and their interpretation may change, and the application of law to specific circumstances requires professional legal assessment. If you have questions about a legal matter, please contact us for a free consultation.
