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U.S. Entry Waiver FAQs

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The basics

A U.S. Entry Waiver is a document issued by the United States that permits a person who would otherwise be inadmissible — typically because of a criminal record — to enter the country legally.

For offences that fall within the U.S. grounds of inadmissibility, yes — entry is not permitted unless you are a U.S. citizen, hold status that exempts you, or have been granted a waiver by U.S. Immigration. Not every offence triggers inadmissibility, but the categories are broad.

No. The U.S. does not technically bar entry for offences outside its defined categories. However, U.S. border officers have wide discretion and may refuse entry to someone with a record even where the offence is not automatically disqualifying.

Yes. U.S. officials have access to Canadian criminal record information when you are seeking entry. A search on your name and date of birth is enough to bring up what is on file.

Yes. Since the September 11, 2001 attacks, entry requirements have tightened considerably. Canadian and U.S. law-enforcement databases are linked, and officers on both sides can view criminal record details from a simple search.

Yes. The United States does not recognise Canadian pardons or record suspensions. A waiver is the only way to establish admissibility for U.S. purposes.

Applying

The U.S. Department of Homeland Security is responsible for reviewing, approving and declining U.S. Entry Waiver applications.

Unlike a Canadian record suspension, there is no waiting period. You can apply at any time — there is no need to wait a set number of years after your sentence.

It depends on what you were charged with, when, and the outcome of the proceedings. In broad terms you should expect fingerprints, an RCMP criminal record certificate, court documents for each charge, police certificates and evidence of rehabilitation.

Gathering the necessary forms and supporting documents typically takes three to ten months. The Department of Homeland Security then generally takes a further five to twelve months to review the application and issue a decision.

Yes. Common reasons include an incomplete application, insufficient evidence of rehabilitation, documents that contradict one another, and the seriousness or recency of the underlying offences. Waivers are discretionary and are never guaranteed.

Using your waiver

Waivers are typically issued for a period between six months and five years. Once a waiver expires it must be renewed before you can enter the U.S. again. The duration granted depends on how many offences are on your record, their type, how long ago they occurred and your current circumstances.

As long as your waiver is valid and you hold the other documentation needed to enter, it allows you to move between Canada and the United States as often as you need.

A waiver addresses the inadmissibility caused by your record, and in practice it is what gets travellers across. Border officers nonetheless retain discretion to refuse entry for other reasons.

You must be cleared by U.S. Immigration to enter the United States even if it is only to change flights. If your record is identified and entry refused, your ticket may be voided and you could be stranded. If you have a record and no waiver, do not book a flight that connects through the United States.

If you attempt to cross before your record is dealt with, it is very likely to be discovered. You may be refused entry, and in some cases property can be seized.

It is rare. Entry ahead of a waiver is granted only in limited circumstances, such as a pressing humanitarian need or attending a funeral, and it is at the discretion of U.S. authorities.

You have been fortunate. Databases and screening have tightened considerably. A refusal is recorded, and repeated attempts to enter while inadmissible can lead to seizure of property or detention.

Have a trip coming up?

Tell us your travel dates and what is on your record, and we will tell you honestly whether a waiver can be in place in time. Call 1-888-491-1723.

Start your waiver application

The document-gathering stage is the long one. Beginning now shortens everything that follows.

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