Area of Law: Criminal Records
Answer # 2221
Do people need a Waiver if they have never been refused entry into the USA?Region: Ontario Answer # 2221
If a person wants to travel to the USA with a Canadian criminal record, a Waiver is required to legally enter the USA.
Essentially, the individual will be admitting to, and giving details about, his or her criminal record to the American federal government. Once a Waiver application is submitted, the USA will download the details into their files and they will never be removed, regardless of whether a Canadian Record Suspension is subsequently granted or the criminal record file is later destroyed in Canada. Once a Waiver application is submitted, the individual will then require a Waiver for the rest of his or her life (or need to carry the letter stating that the crime did not render them inadmissible – also issued by the USA).
If you have been charged with a criminal offence, refer to our criminal law section.
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