Traveling to US with a criminal record?

jeffjones

jeffjones

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So my work is sending me to a meeting in California in October and I haveapplied for a pardon 3 years ago and 8 months ago they said I wasn't eligible as I had $200 left owing on a fine from 10 years ago so I paid the $200 and they said I have to wait 3 years before I am eligible for the pardon.
The charges are drug charges from when I was younger and I am worried that if I get stopped at the border I will be in big $#!t at work.
Has anyone trvelled there lately with criminal charges?
Or is their some form I can fill out other then that I-92 US entry waiver form as it take like 9 months for it to go through?


Any help is appreciated as my job might depend on it.
 
From:

http://www.voyage.gc.ca/countries_pays/report_rapport-eng.asp?id=308000

Criminal record

If you have a criminal record, no matter the severity or the date of the offence, you may be refused entry to the United States. You may also experience problems when travelling through U.S. airport facilities. A pardon for an offence issued by Canadian authorities is not recognized under U.S. law for the purpose of entry into the United States. If you have a criminal record, you should contact one of the USCIS ports of entry by telephone well in advance or contact the Embassy of the United States of America or one of its consulates. If you are ineligible to enter the United States, you may apply for a waiver of ineligibility. This will involve completing Form I-192, "Advance Permission to Enter the United States as a Non-Immigrant." There is a fee and it may take several months to process your application. Waiver application forms are available from any port of entry to the United States, any preclearance site in Canada, the U.S. Embassy in Ottawa, or one of the U.S. consulates in Canada. A list of designated ports of entry that accept filings of waiver applications as well as the application form are available from the U.S. CBP.
U.S. ports of entry are computerized and connected to a centralized database. Information is readily available on criminal convictions in both Canada and the United States. Even though you may have entered the United States without hindrance in the past, you could run into difficulty if your record shows a criminal conviction or a previous denial of entry. Attempting to gain entry without a waiver could result in several weeks of detention.
If you left the United States to avoid military service during the Vietnam War and have not since regularized your status, there might be an outstanding warrant for your arrest or you might be ineligible for U.S. entry. If in doubt, check with the nearest USCIS port of entry. If you need information about regularizing your status with the U.S. military, you may call the U.S. Embassy in Ottawa.
 
Yea, you may not be able to cross the border if that is on your record, i had buddies with the same thing happen and the cop was saying how traveling to the US would be a no go, unless they can drop the charges in court(which is what happened)...I would definitely take care of that asap
 
Fingolfin said:
it depends on the charges and how long ago it was


just call ahead and see, but if the charges are from your childhood, odds are they will let you know
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I don't think how long ago matters. I have a friend that did time in juvie and he was turned away at the border. Actually, he was detained at Pearson trying to board a flight and then he was denied.
 
Im trying to get ahold of some members of parliment and the Canadian embassy in the US to see what they have to say.
But if I book a flight, hotels, get all the employess ready for my arrival and I get stopped my boss will kill me.
 
If it's that big of an issue, ride down over the weekend (long weekend this week too!) and see if you can get over by land.
Obviously they're more picky at the airports but if you get denied by land, you KNOW you're going to get stopped at the airport.
 
jeffjones said:
Im trying to get ahold of some members of parliment and the Canadian embassy in the US to see what they have to say.
But if I book a flight, hotels, get all the employess ready for my arrival and I get stopped my boss will kill me.
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Does your work know about your criminal record? If I were you, I would just avoid the trip.
 
shoe said:
Obviously they're more picky at the airports but if you get denied by land, you KNOW you're going to get stopped at the airport.
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Umm.. That's not the best test. In the best scenario (i.e. he doesn't get stopped at the land crossing), he gains nothing, because it doesn't mean they won't stop him at the airport. If he does get stopped at the land, he's screwed, because that will come up every single time he'll ever try to cross the border again.
 
shoe said:
I don't think how long ago matters. I have a friend that did time in juvie and he was turned away at the border. Actually, he was detained at Pearson trying to board a flight and then he was denied.
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juvie as in under 18 you talking about? your friend lie to you about it was juvie or something is not right here.anything under 18 your record is sealed by the RCMP unless you get caught again as adult and no matter how serious the charges are either.don't ask me how i know ;) i've been US and back countless time by air and land:) don't get caught if you grown lol
 
Does your boss know about your youthful indiscretion and if not how would he handle it?

The border service to some extent can use discretion. Just because you have a clean record it doesn't mean they won't send you to the little room or that you will be denied if you have a blemish. While the weekend shopping trip test might be an indicater I wouldn't risk my career on it. Nexus lanes to Buffalo airport would be a better test but not foolproof. I don't think you could get a Nexus pass.

The bar code on a passport opens the curse of cheap, fast, unforgiving, computer memory.

Depending on how you word the nature of your trip you might get more scrutiny than grandma visiting the kids. On another thread someone commented that taking a course meant student visas etc while a seminar was OK.
 
OP - Just what is it you do if you could share. My bosses and co-workers always talk about stupid s*it that they / I did in our younger years, no secrets really, now we look back at it and laugh at how bad and stupid our judgement was at the time for a littlle fun but foresure wouldn't want our kids in the future to do it.

Hahaha post 420, oh the irony in a drug charge thread.

I was arrested at 10, attempted break in, kinda long, funny story, I'll write it only if there's interest from someone and again at 12 for stealing personal property, again, stupid situation. Never got charged, no file etc, but if I remember correctly, at 18 it is all cleared and nothing would be in the system unless you were charged?
 
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It was a BIG charge. I'm not going to go into specifics.

ironryder said:
juvie as in under 18 you talking about? your friend lie to you about it was juvie or something is not right here.anything under 18 your record is sealed by the RCMP unless you get caught again as adult and no matter how serious the charges are either.don't ask me how i know ;) i've been US and back countless time by air and land:) don't get caught if you grown lol
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LiNK666 said:
Does your work know about your criminal record? If I were you, I would just avoid the trip.
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They have never asked so I never mentioned it,
I am the only one that knows enough to go to this meeting and if goes well could bring in multi millions in revenue to our company.
So I have to try everything I can
 
The charges are drug charges from when I was younger
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What type of drug charges are we talking about. W**d, no big deal, Im sure your boss has smoked up. Although, just how much did you have for a charge.

I am the only one that knows enough to go to this meeting and if goes well could bring in multi millions in revenue to our company.
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Why is it that the people who use drugs always end up the smart ones for things.:happy3:
 
I got in some minor trouble ONCE when I was 19. At 22 I tried to cross and got turned around.
I'm now almost 28, military service with a tour, haven't been in any trouble aside from a speeding ticket here and there and I won't even try to cross now.
I did make it in to the states by air but only one a chartered military flight in to California.
I've called these USIC or whatever numbers and got no help. And I spent a few days calling the proper offices at Pearson to try and make sure I would be clear to go on a motocross trip last winter and not once did I make it to talking to a person. Big waste of time and I was left with no help at all.
All the power to you for trying to get the proper clearances etc. If you manage to actually talk to a real person, you let me know how it goes.

When I called the USCIS, the lady just said I Might or might not be able to pass given my charge (attempted B+E... That was just a broken window and then me taking off, stupid kid ****). I just got the run around every time I called, typical government office employee work ethic.
 
jeffjones said:
They have never asked so I never mentioned it,
I am the only one that knows enough to go to this meeting and if goes well could bring in multi millions in revenue to our company.
So I have to try everything I can
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No way it can be done via video chat? I feel your pain/position, but it might not be worth it to get fired over. At what age did this charge occur?
 
US Customs doesn't mess around at the airport. Even those pesky possession charges for personal use weed is frowned upon. A pardon is worthless. El Zilcho posted the best place to start. It's anybody's guess if you'll get permission for entry before October. They certainly don't make it a quick and easy process.
 
jeffjones said:
They have never asked so I never mentioned it,
I am the only one that knows enough to go to this meeting and if goes well could bring in multi millions in revenue to our company.
So I have to try everything I can
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My passport is 4 years old so I don't remember if there were any questions on the forms that refered to criminal records. How does the USBS find out your criminal record other than doing a specific search or asking you? Right now it sounds like a total crap shoot.

If your boss is at all open minded I would suggest that you get him into the loop and have a disaster plan in place.

Would the charges be considered criminal in the USA and does that affect the crossing?

DUI is a criminal charge here but not in the USA. Therefore an American with a DUI can't breeze into Canada but can a Canadian with a DUI go to the USA since it isn't recognised as a criminal charge there?
 
DUI is a criminal charge in the US.

for the OP, if you have applied for a pardon, your passport will be flagged and you will be denied entry to the US.

You should avoid this trip, if you are denied during your pardon application process, you will be denied after the pardon has been issued as you attempted to enter the US when you knew you had charges that would not make you ineligible for entry.

ANY drug charges are taken VERY seriously.
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