Area of Law: Criminal Records
Answer Number: 2206
Can someone on probation or parole enter the USA?Region: Ontario Answer Number: 2206
The American government does not have special rules for people whose jail sentences were suspended, for those who were given probation, or for those given early release and are on parole. Their laws focus on the fact that the person was convicted. The fact that the person was relieved in whole or in part of the penalty imposed does not matter. If the offence for which the person received a suspended sentence or was granted probation or parole was a crime involving moral turpitude or related to drugs, then he or she will be considered inadmissible.
Also, where the crime is considered a crime involving moral turpitude, individuals who have not completed their court-ordered sentence (such as still being on probation or parole) will not be eligible for a USA Entry Waiver. They must wait until the sentence is completed and then apply for a Waiver to legally enter the USA.
If you have been charged with a criminal offence, refer to our criminal law section.
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