Canada Pardon Services specializes in assisting any person with Canadian criminal records to obtain the Canadian Pardon and the U.S. Entry Restriction Waivers.

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US Entry Restriction Waiver?

Avoid embarassment and deportation

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Concept

The right of entry to the US – Concept / Who can do it?

An American Waiver is an official document issued by the American authorities, which lawfully allows a person with a criminal record in his home country (e.g. Canada, France, Italy…), to legally enter American territory for a specified period of time.

It is the American government’s decision whether to consider the existence of the conviction as a ground for inadmissibility to the United States.

The consequences can be dramatic for those who take the risk to travel to the United States. You may be refused entry at the border and your vehicle, belongings and air ticket may be taken away from you. You may even be detained and deported, just because of a simple shoplifting incident at the corner store a long time ago.

Unfortunately this is a reality experienced by several people at the borders, it is a frustrating experience. Since the events of September 11, 2001, measures to control U.S. Customs have increased to ensure national security.

Traveling to or passing through the United States is a concern for you, please contact us, our department is at your disposal to ensure a safe travel far from the illusions and scenarios.

“No consideration is given to the age of the offence, once a person is convicted, the entry in the United States is a national security issue taken seriously, it is necessary to obtain the lifting of the ban in order to pass the border. “
                                             Explanations issued by an officer of AJ border

Did you know that the American authorities have access to your criminal records?

Unfortunately it is a reality which limits the free movement of persons with a criminal record in their country of origin in the United States.

Even if you have obtained the Pardon in Canada, the United States does not recognize the Canadian Pardon; which is why you must get a Waiver on the ban on US entry.

Your trip to the United States must be prepared as soon as possible, as this is now a process that takes time.

It takes about 4 to 8 months to prepare a request for the Waiver. Receiving the Waiver on the ban on US entry takes 6 to 10 months from the date of filing the application.

It is important that you apply well in advance of your intended date of travel to the United States.
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What are the limits of the Pardon?

The LCJ enumerates certain sexual offences. If a person receives a Pardon for one of these violations, his file will be kept separate from other records, but an indicator will be associated with his name in the (CPIC) system. This means that an employer could ask for a person’s file if that person attempts to get a job which will put them in contact with children or other vulnerable people because of their age or disability. 

The worries of a businessman at the border

In 1981, when he was a student at the university, Pierre Sévigny was taken in a story pyramid plan. “It’s a trick to make easy money. I was sent before the judge and I was sentenced for fraud. I had to pay a $2500 fine and I had a criminal record, “he says. To launder his reputation, Mr. Sévigny obtained a Pardon a few years later.

Businessman busy, he then travelled on numerous occasions to the USA. He also lived in Sweden for four years. But last March, U.S. Customs agents have refused to let him pass. “For whatever reason, they knew that I had already had a criminal record. They do not really want that I cross the border, “he says.

Mr. Sévigny was initially surprised by this refusal. “I repeated that I had obtained a Pardon, but customs officials were laughing. They said that the terrorists who blew up a nightclub in Indonesia had also obtained a Pardon. What ridiculous comparison! “Protests businessman.

Since customers were waiting in New York, Mr. Sévigny protested. “I said that I had not committed violent crime. I talked to my clients. I was finally passed with a special permit, but I’ve made it clear that henceforth I would be banned as I would not have the waiver, “he said.

Cases like that of Mr. Sévigny, the company Identification Canada sees more and more. “In addition to businessmen and travelers, those most affected by the tightening of border controls are truckers,” says co-owner of the company, Steeve Hollingworth.

For a truck driver, obtain a waiver is a real ordeal. “It’s so long! While waiting to have their waiver, drivers are forced to remain in Canada. If they still try to cross the border, their truck can be seized, “said Jean-Claude Fortin, chairman of the transportation company J.-E. Fortin, Saint-Bernard-de-Lacolle.

And even with their temporary permit, truck drivers are penalized. “At customs, they are automatically escorted out. They lose a lot of time and, in the trucking industry, every minute counts, “says Fortin.

The customs have assured him that the procedure would be amended in September. “I hope this will be done. Because, currently, a driver can be seriously penalized just because he stole a chocolate bar in his youth. “

Ariane Lacoursière

August 5, 2007 – 07h11
La Presse

Pardons vs. Waivers

Canadians with criminal records, or even some who have been finger printed but never convicted, may see themselves rejected when they tried to cross the US border.

The US department of immigration is dramatically increasing the control policy in the US borders; the risks of detention, deportation, and even incarceration have never been higher.

Due to the high volume of traffic between Canada and the U.S., there is often a false sense of security in citizens of both countries, that the chances of being caught are high due to the new control policy. Then, the results of being caught in the U.S. or trying to enter the U.S. with an undeclared criminal record can be severe and should not be ignored.

Once the Pardon is granted the person’s criminal record is sealed which means that it will not show up in the Canadian databases typically searched by law enforcement agencies on both sides of the border. However, the criminal record is not erased and can be disclosed or re-instated in the appropriate circumstances.

In terms of crossing the border, a Canadian Pardon has no value because it has no effect on records kept in the United States. Therefore if your criminal record has been entered into the U.S. system for any reason you may still be refused entry into the U.S. based on that criminal record even though the record has been sealed in Canada.
To gain legal entry into the U.S. with a Canadian criminal record it is therefore advisable to apply for a U.S. Travel Waiver.

In conclusion, the Canada/U.S. border is increasingly becoming more of a hurdle than a turnstile. Canadians with criminal records should spend some time investigating their options and the possible repercussions of ignoring the risks.