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Travelling With a Criminal Record from Canada

By Recording Law Editorial Team8 min read
Travelling With a Criminal Record from Canada

Frequently Asked Questions

Does a Canadian record suspension let me enter the United States without issue?

Not necessarily. A Canadian record suspension is a Canadian administrative order that has no binding effect on US Customs and Border Protection. US officers can still see the underlying conviction through shared law enforcement information and can refuse entry based on it, suspension or not.

What is the petty offence exception?

It is a narrow US immigration rule that can excuse a single crime involving moral turpitude if the maximum possible sentence did not exceed one year and any sentence actually served did not exceed six months. It applies to only one qualifying offence and does not apply at all to controlled substance offences.

How much does a US entry waiver cost and how long does it take?

Form I-192, the US entry waiver, carries a filing fee well over a thousand dollars, and US Customs and Border Protection advises applicants to allow at least 180 days for a decision, with a full review sometimes taking longer. An approved waiver is generally granted for a limited period and needs to be renewed before it expires.

Can admitting past cannabis use get me barred from entering the United States?

Yes. Cannabis remains illegal under US federal law regardless of its legal status in Canada, and admitting past use to a border officer can be treated as an admission to a controlled substance offence, which has led to entry refusals and lifetime bars for some Canadian travellers.

Do I have to disclose a spent or record-suspended conviction on a UK, Australian, or New Zealand visa application?

Generally yes. Immigration and visa decisions in these countries are explicitly exempted from the domestic rules that would otherwise treat an old conviction as spent, so applicants are expected to disclose convictions honestly regardless of a Canadian record suspension or a foreign pardon-equivalent.

What should I do if a border officer asks about my criminal record?

Answer truthfully. Misrepresentation or fraud is its own separate ground of inadmissibility in US law and in most other countries' immigration rules, and it is typically treated more harshly than the underlying conviction. This article does not provide, and will not provide, advice on concealing a record or misleading a border officer.

Updates

The UK Home Office amended the Immigration Rules to extend mandatory refusal and cancellation grounds to suspended prison sentences of 12 months or more, alongside custodial sentences of the same length.

Canada legalized recreational cannabis nationally under the Cannabis Act. Cannabis remains illegal under US federal law, so admitting past use can still trigger a US controlled substance inadmissibility ground.

Sources and References

  1. Parole Board of Canada, What is a record suspension?(canada.ca).gov
  2. Canada Border Services Agency, Find out if you can enter Canada: Inadmissibility(canada.ca).gov
  3. US Customs and Border Protection, Form I-192: Application for Advance Permission to Enter as Nonimmigrant(cbp.gov).gov
  4. USCIS, I-192, Application for Advance Permission to Enter as a Nonimmigrant(uscis.gov).gov
  5. US Department of State, 9 FAM 302.3, Ineligibility Based on Criminal Activity, Criminal Convictions and Related Activities(fam.state.gov).gov
  6. UK Home Office, Suitability: grounds for refusal / cancellation, criminality(gov.uk).gov
  7. Australian Department of Home Affairs, Character requirements for visas(homeaffairs.gov.au).gov
  8. Immigration New Zealand, Character requirements for New Zealand visas(immigration.govt.nz).gov
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