Have you been Denied Entry to the USA?

Thanks to more increased security around the United States border, there has been a jump in news stories about Canadians being denied entry to the USA at the border. Depending on your personal situation and your past, you can be denied entry to the USA for a variety of reasons, including crimes of moral turpitude – which can be anything from a DUI conviction or a police caution for using cannabis. Even if the crime took place a decade ago, it can come back to haunt you and result in being denied entry to the USA – something that is extremely inconvenient especially if you are planning a vacation, traveling for business or are visiting family.

There are a number of exemptions for those traveling to the United States from Canada, such as whether the crime was committed when the traveler was under 18 years of age or if the maximum penalty for committing the crime is less than six months in jail. However, some Canadian travellers who can fall under these exemptions are still denied entry to the United States or are significantly delayed while their background is investigated by border officials.

When being denied entry to the USA, Canadians have the opportunity to apply for a waiver of inadmissibility upon which the following will be considered: Why they are seeking entry to the US, the seriousness of prior offences and whether or not they are a risk to society.

To avoid being denied entry to the USA and in order to continue to travel smoothly between countries for business or personal reasons, consult an immigration lawyer who can tell you your next step to successfully gaining entry to the USA.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: denied entry to the US Waiver of inadmissibility

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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