The United States Custom and Border Protection Agency determine a Canadian’s admissibility to enter the country based on many factors. You may be denied entry to the US if you have a communicable disease, if you have been found in possession of or trafficking in a controlled substance, have been involved in money laundering, have been previously deported or if you have any involvement with terrorism or any terrorist organizations. Most notably, any Canadian convicted of a crime involving “moral turpitude” is considered inadmissible to the U.S. and will require a waiver to enter.

Crimes of moral turpitude refer to conduct that is considered contrary to reasonable community standards of justice, honesty and good morals. The most common types of moral turpitude crime that would make a person inadmissible for entry into the states are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution and fraud.

Driving under the influence, breaking and entering, disorderly conduct, and simple assault are not considered crimes that would prevent an individual from entering the country, although if there are other similar charges or misdemeanors one could still be denied entry.

The legal test to decide whether a crime falls into the category of “moral turpitude” is to determine whether or not the criminal act was accompanied by a motive or intent to harm someone or by intention to do wrong, thus signifying a corrupt mind. If this is the case then, in order to legally enter the Unites States, you must apply for a waiver of your inadmissibility.

Am I eligible for a US Entry Waiver?

The good news is that most Canadians convicted of crimes of moral turpitude are eligible to apply for a waiver (except for people who are connected to terrorism – waivers cannot be approved for this category). There are no waiting periods, no time or specific eligibility requirements in order to be granted a waiver.

The granting of a US Entry Waiver is dependent on three factors:

• The potential of harm to the United States if you are allowed entrance. 
• The severity of your offence(s). 
• Your stated purpose for entering the USA.

Waivers are granted by the Department of Homeland Security and are granted for periods up to 5 years at a time. The officials reviewing your waiver documents have great discretion. That means that the better your application package is, the better your chances are of having your waiver granted. Knowing what information should be included and what information should be excluded is knowledge based on experience. It costs $585 dollars US to apply for a waiver.

There is no refund if your application is denied so it is important that it be prepared and submitted properly the first time. It is a worthwhile investment to obtain assistance from a professional who can prepare an effective and appropriate application based on the type offense(s), current U.S. entry standards and best practice.

The waiver application is a detailed package of documents, however, once the application is properly completed the first time, subsequent renewals are generally a breeze. The application package must include specific forms from the US Citizenship and Immigration Ministry, detailed information about the criminal activity on record and detailed information about what you have done to rehabilitate yourself. Information regarding your ties to Canada, your occupation, your income, reference letters from professionals and other supporting documents are also mandatory.

A US entry waiver takes the anxiety and stress out of planning a family vacation or preparing to travel to the US for business. Having a legal document that ensures your admissibility to cross the border brings relief and a new-found freedom. You are back in control of your destination… literally!