Entry into the United States for Canadians with a criminal record or a previous denial of entry depends on the specific cause of inadmissibility. U.S. Customs and Border Protection (CBP) has full access to Canadian criminal databases, and information on prior denials is permanently stored in their computerized systems.
Common Reasons for Denial
- Criminal Record: Convictions for “Crimes Involving Moral Turpitude” (e.g., fraud, theft, violence) or any drug-related offenses usually require a waiver.
- Immigration Violations: Previous overstays (more than 180 days can trigger a 3 to 10-year ban), unauthorized work, or providing false information to officers.
- Lack of Ties: Failure to prove your stay is temporary, such as not having proof of employment or residence in Canada.
- Cannabis Industry/Use: Involvement in the legal cannabis industry or admitting to past use can lead to a denial, as marijuana remains federally illegal in the U.S..
Mandatory Steps After a Denial
If you have been denied entry, attempting to re-enter without addressing the underlying issue may result in detention or a permanent ban.
- Identify the Reason: Request a Form I-275 (Withdrawal of Application for Admission), which explicitly states why you were not admitted.
- Obtain a U.S. Entry Waiver (I-192): If you are inadmissible due to criminality or immigration history, you must file Form I-192 for advance permission to enter.
- Cost: As of late 2025, the filing fee is $1,100 USD.
- Processing Time: Standard processing takes 6 to 12 months. Applications filed via the e-SAFE online portal may be processed in approximately 170 days.
- Validity: Approved waivers are temporary, typically valid for 1 to 5 years.
Key Admission Factors for 2025
- Crimes Involving Moral Turpitude (CIMT): Convictions for “vile or depraved” acts—such as fraud, theft, violent crimes, or drug offenses—typically make a person inadmissible.
- Drug Offenses: Any drug-related conviction, including simple possession, almost always results in permanent inadmissibility unless a waiver is obtained.
- DUIs: A single DUI conviction generally does not make you inadmissible. However, multiple DUIs or a DUI combined with other offenses may lead to a denial.
- Pardons/Record Suspensions: The U.S. does not recognize Canadian record suspensions. If a border officer has previously accessed your record, it remains in the U.S. database even after it is pardoned in Canada.
Exceptions and Waivers
- Petty Offense Exception: You may remain admissible if you have only one CIMT conviction where the maximum penalty was one year or less and you served no more than six months in jail.
- U.S. Entry Waiver (I-192): If you are inadmissible, you must apply for a Waiver of Inadmissibility (Form I-192).
- Processing Time: Standard processing can take up to 12 months; however, applications submitted through the e-SAFE platform (typically via a lawyer) can be processed in approximately 170 days.
- Cost: The filing fee for Form I-192 is $1,100 USD as of 2025.
- Validity: Waivers are temporary and are usually issued for 1 to 5 years.
Important 2025 Border Rules
- Registration Requirement: As of 2025, Canadians staying in the U.S. for 30 days or longer must comply with a new Alien Registration Requirement through a web-based USCIS portal.
- Biometrics: New rules effective December 26, 2025, allow CBP to photograph and fingerprint all foreign nationals, including Canadians, at all points of entry.
- Trusted Traveler Programs: A criminal record, including a DUI, generally disqualifies you from programs like NEXUS or Global Entry.
