Area of Law: Criminal Records
Answer # 2223
Does someone need a Waiver if only 'stopping over' in the USARegion: Ontario Answer # 2223
Any time people enter the USA – even where a person does not leave the airplane on a ‘stop over’ en route to another country – they are required to clear American Customs. Therefore, even on a stopover flight, to legally enter the USA with a Canadian criminal record, a USA Entry Waiver is required. Since there is a good chance the criminal record will be revealed, without a Waiver the individual can be denied entry, the airplane ticket can be voided, and the individual can be sent back to Canada. Consequently, it is a good idea for people with criminal records either to fly directly to their final destination and bypass the USA entirely, or to obtain a Waiver.
If you have been charged with a criminal offence, refer to our criminal law section.
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